Scribd Logo
Upload

Welcome to Scribd!

  • 303 views

    Lapuz-Sy Vs Eufemio

    Uploaded by

    Shiela Pilar
    Carmen Lapuz Sy filed for legal separation from her husband Eufemio S. Eufemio in 1953 after discovering he had been living with another woman. Eufemio counterclaimed, seeking to annul their marriage. Carmen died in 1969 before the case was resolved. The court held that Carmen's death caused the legal separation action to become moot since such an action is personal to the parties involved. The annulment claim was also moot. Carmen's heirs could pursue partition of properties in a separate proceeding but not as part of the annulment case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Lapuz-Sy Vs Eufemio

    Uploaded by

    Shiela Pilar
    303 views1 page
    Carmen Lapuz Sy filed for legal separation from her husband Eufemio S. Eufemio in 1953 after discovering he had been living with another woman. Eufemio counterclaimed, seeking to annul their marriage. Carmen died in 1969 before the case was resolved. The court held that Carmen's death caused the legal separation action to become moot since such an action is personal to the parties involved. The annulment claim was also moot. Carmen's heirs could pursue partition of properties in a separate proceeding but not as part of the annulment case.

    Original Description:

    Lapuz-sy vs Eufemio case digest

    Original Title

    Lapuz-sy vs Eufemio

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Carmen Lapuz Sy filed for legal separation from her husband Eufemio S. Eufemio in 1953 after discovering he had been living with another woman. Eufemio counterclaimed, seeking to annul their marriage. Carmen died in 1969 before the case was resolved. The court held that Carmen's death caused the legal separation action to become moot since such an action is personal to the parties involved. The annulment claim was also moot. Carmen's heirs could pursue partition of properties in a separate proceeding but not as part of the annulment case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    303 views1 page

    Lapuz-Sy Vs Eufemio

    Uploaded by

    Shiela Pilar
    Carmen Lapuz Sy filed for legal separation from her husband Eufemio S. Eufemio in 1953 after discovering he had been living with another woman. Eufemio counterclaimed, seeking to annul their marriage. Carmen died in 1969 before the case was resolved. The court held that Carmen's death caused the legal separation action to become moot since such an action is personal to the parties involved. The annulment claim was also moot. Carmen's heirs could pursue partition of properties in a separate proceeding but not as part of the annulment case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    LAPUZSYvsEUFEMIO(1972)

    Petitionerappellant:CarmenLapuzSy,representedbyhersubstituteMacarioLapuz
    Respondentappellee:EufemioS.Eufemio(akaEufemioSyUy)
    FACTS:
    CarmenLapuzSyandEufemioS.EufemioweremarriedcivillyonSeptember21,1934,andcanonically
    onSeptember30ofthesameyear.
    In1943,EufemioabandonedCarmen.
    Theyhadnochild,buttheyhadacquiredpropertiesduringtheirmarriage.
    CarmendiscoveredthathishusbandhadbeencohabitingwithaChinesewomannamedGoHiok,andthat
    theyhadobtainedmarriagecelebratedaccordingtoChineselawandcustoms.
    On August 18, 1953,Carmen filed a petitionfor legal separationagainst Eufemio,also asking that
    Eufemiobedeprivedofhisshareoftheconjugalpartnershipprofits.
    Eufemiocounterclaimedforthedeclarationofnullity abinitio ofhismarriagewithCarmen,onthe
    groundofhismarriagetoGoHiok.
    OnMay31,1969,beforethecasecouldevenbefinished,Carmendiedinavehicularaccident.
    OnJune9,1969,Eufemiomovedthatthecaseforlegalseparationbedismissedontheground,among
    others,thatCarmensdeathabatedtheactionforlegalseparation.
    OnJune26,1969,MacarioLapuz,Carmensfather,substitutedCarmenaspetitioner.
    ISSUES:
    WhetherornotthedeathofCarmen,beforethefinaljudgmentofactionforlegalseparation,abatethe
    action.
    HELD/RATIO:
    Followingtheideathattheactionforlegalseparationispurepersonal,thedeathofonepartytotheaction
    causes the death of the action itselfactio personalis moritur cum persona. Furthermore, Eufemios
    petitionfordeclarationofnullityabinitioalsobecomesmootandacademic.
    Nowwhenitcomestotheliquidationoftheconjugalpropertiesofthespouses,theheirsoftheappellant
    canraisetheproperactionforpartitioninaseparateproceeding,notintheannulmentproceeding.

    You might also like