Suntay vs. Suntay GR No. 132524 December 29, 1998

Suntay vs. Suntay GR No. 132524

FACTS:
Petitioner Federico is the oppositor to respondent Isabel’s Petition for Letters of Administration over the estate of Cristina A. Suntay who had died without leaving a will. The decedent is the wife of Federico and the grandmother of Isabel. Isabel’s father Emilio, had predeceased his mother Cristina.
The marriage of Isabel’s parents had previously been decalred by the CFI as “null and void.” Federico anchors his oppostion on this fact, alleging based on Art. 992 of the CC, that Isabel has no right to succeed by right of representation as she is an illegitimate child. The trial court had denied Federico’s Motion to Dismiss, hence this petition for certiorari. Federico contends that, inter alia, that the dispositive portion of the the decision declaring the marriage of Isabel’s parents “null and void” be upheld.

ISSUE:
In case of conflict between the body of the decision and the dispostive portion thereof, which should prevail? Related thereto, was the marriage of Isabel’s parents a case of a void or voidable marriage?
Whether or not Isabel is an legitimate child?

HELD:
Petition dismissed
Art. 10 of the Civil Code states that in case of doubt in the interpretation and application of laws, it is presumed that the lawmaking body intended right and justice to prevail. This is also applicable and binding upon courts in relation to its judgment. While the dispositive portion of the CFI decision states that the marriage be “declared null and void,” the body had shown that the legal basis was par. 3 Art. 85 of the Civil Code, which was in effect at the time. Art. 85 enumerates the causes for which a marriage may be annulled. As such the conflict between the body and the dispositive portion of the decision may be reconcilable as noted by the Supreme Court. The fundamental distinction between void and voidable marriages is that void marriage is deemed never to have taken place at all. The effects of void marriages, with respect to property relations of the spouses are provided for under Article 144 of the Civil Code. Children born of such marriages who are called natural children by legal fiction have the same status, rights and obligations as acknowledged natural children under Article 89 irrespective of whether or not the parties to the void marriage are in good faith or in bad faith. On the other hand, a voidable marriage, is considered valid and produces all its civil effects, until it is set aside by final judgment of a competent court in an action for annulment. Juridically, the
annulment of a marriage dissolves the special contract as if it had never been entered into but the law makes express provisions to prevent the effects of the marriage from being totally wiped out.
The status of children born in voidable marriages is governed by the second paragraph of Article 89 which provides that:
Children conceived of voidable marriages before the decree of annulment shall be considered legitimate; and children conceived thereafter shall have the same status, rights and obligations as acknowledged natural children, and are also called natural children by legal fiction. In view thereof, the status of Isabel would be covered by the second paragraph of Article 89 of the Civil Code which provides that “ children conceived of voidable marriages before the decree of annulment shall be considered legitimate.”