Lapuz-Sy vs Eufemio

43 SCRA 177 | January 31, 1972

J. J.B.L. Reyes

Facts:

Carmen O. Lapuz Sy and Eufemio S. Eufemio both lived together as husband and wife until 1943
when her husband abandoned her, they had no child and they acquired properties during their
marriage. She discovered her husband cohabiting with a Chinese woman. She prayed for the issuance of
a decree of legal separation, ordering the defendant should be deprived of his share of the conjugal
partnership profits.

Respondent Eufemio counter-claimed for the declaration of nullity ab initio of his marriage with
Petitioner, on the ground of his subsisting marriage celebrated with one Go Hiok. Before the trial could
be completed, petitioner died in a vehicular accident. Counsel for petitioner duly notified the court of
her death. Respondent moved to dismiss the "petition for legal separation" on grounds that the death of
Carmen abated the action for legal separation. On 26 June 1969, counsel for deceased petitioner moved
to substitute the deceased Carmen by her father, Macario Lapuz. Counsel for Eufemio opposed the
motion.

Issue:

Does the death of the plaintiff before final decree in an action for legal separation abate the
action?

Held:

Yes, it is apparent that such action became moot and academic upon the death of the latter, and
there could be no further interest in continuing the same after her demise, that automatically dissolved
the questioned union.