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Isidro Ablaza Vs. Republic of the Philippines

ISIDRO ABLAZA, Petitioner, versus REPUBLIC OF THE PHILIPPINES, Respondent

G.R. No. 158298 | 2010-08-11

D E C I S I O N


BERSAMIN, J.:

Whether a person may bring an action for the declaration of the absolute nullity of the marriage of his deceased brother solemnized under the regime of the old Civil Code is the legal issue to be determined in this appeal brought by the petitioner whose action for that purpose has been dismissed by the lower courts on the ground that he, not being a party in the assailed marriage, had no right to bring the action.

Antecedents

On October 17, 2000, the petitioner filed in the Regional Trial Court (RTC) in Cataingan, Masbate a petition for the declaration of the absolute nullity of the marriage contracted on...