Thursday, November 24, 2016

Death of party after finality of judgment of nullity or annulment of marriage - G.R. No. 140484 (2008)

G.R. No. 140484

"x x x.

Finally, the trial courts decision had already become final and executory, and judgment was entered on October 29, 1999. For this reason and on account of private respondents death on January 14, 2004,[16] the judgment is binding on both parties. Section 24 of the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages[17] provides:

Sec. 24. Effect of death of a party; duty of the Family Court or Appellate Court. (b) If the party dies after the entry of judgment of nullity or annulment, the judgment shall be binding upon the parties and their successors in interest in the settlement of the estate in the regular courts.

x x x."