Back

Carlos vs. Sandoval

JUAN DE DIOS CARLOS, Petitioner, FELICIDAD SANDOVAL, also known as FELICIDAD S. VDA. DE CARLOS or FELICIDAD SANDOVAL CARLOS or FELICIDAD SANDOVAL VDA. DE CARLOS, and TEOFILO CARLOS II, Respondents.

G.R. No. 179922 | 2008-12-16

D E C I S I O N

REYES, R.T., J.:

ONLY a spouse can initiate an action to sever the marital bond for marriages solemnized during the effectivity of the Family Code, except cases commenced prior to March 15, 2003. The nullity and annulment of a marriage cannot be declared in a judgment on the pleadings, summary judgment, or confession of judgment.

We pronounce these principles as We review on certiorari the Decision[1] of the Court of Appeals (CA) which reversed and set aside the summary judgment[2] of the Regional Trial Court (RTC) in an action for declaration of nullity of marriage, status of a child, recovery of property, reconveyance, sum...