SECOND DIVISION
[G.R. No. 234958. March 7, 2018.]
THE HEIRS OF AMBROSIO F. TANGCO, NAMELY: AMBROSIO FELIPE D. TANGCO, MARIA LOURDES D. TANGCO, ANGELITA D. TANGCO, PRUDENCIO ROBERTO D. TANGCO AND MA. AMSTHER TANGCO, petitioners, vs.ANITA JAVIER AND THE OFFICE OF THE CIVIL REGISTRAR OF THE CITY OF PASIG, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated07 March 2018which reads as follows:
"G.R. No. 234958 — The Heirs of Ambrosio F. Tangco, namely: Ambrosio Felipe D. Tangco, Maria Lourdes D. Tangco, Angelita D. Tangco, Prudencio Roberto D. Tangco and Ma. Amsther Tangco v. Anita Javier and the Office of the Civil Registrar of the City of Pasig
After reviewing the Petition and its annexes, inclusive of the Court of Appeals' (CA) Decision 1 dated April 12, 2017 and Resolution 2 dated October 9, 2017 in CA-G.R. CV No. 101153, the Court resolves to DENY the Petition and AFFIRM the Decision and Resolution of the CA since the petitioners failed to sufficiently show that the CA committed any reversible error in the assailed Decision and Resolution as to warrant the exercise of this Court's discretionary appellate jurisdiction. caITAC
The CA correctly affirmed the Orders of the Regional Trial Court (RTC) dismissing the petitioners' Petition for Declaration of Nullity of Marriage under Articles 52 3 and 53 4 of the Family Code 5 because the petitioners are not the proper parties-in-interest pursuant to Section 2 (a) 6 of A.M. No. 02-11-10-SC, 7 and Enrico v. Heirs of Spouses Medinaceli, 8 which provide that such petition may be filed solely by the husband or the wife. The CA also correctly affirmed the RTC when it held that the petitioners may protect their rights in a proper proceeding for the settlement of the estate 9 of their deceased father, but not in a direct proceeding for declaration of nullity of marriage, citing Carlos v. Sandoval. 10 TAIaHE
SO ORDERED."
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of CourtBy:TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 31-38. Penned by Associate Justice Jhosep Y. Lopez, with Associate Justices Normandie B. Pizarro and Samuel H. Gaerlan concurring.
2.Id. at 40-42.
3. ART. 52. The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the properties of the spouses, and the delivery of the children's presumptive legitimes shall be recorded in the appropriate civil registry and registries of property; otherwise, the same shall not affect third persons.
4. ART. 53. Either of the former spouses may marry again after complying with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void.
5. Executive Order No. 209, July 6, 1987.
6. SEC. 2. Petition for declaration of absolute nullity of void marriages. —
(a) Who may file. — A petition for declaration of absolute nullity of void marriage may be filed solely by the husband or the wife.
7. RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES, March 4, 2003.
8. 560 Phil. 673, 682 (2007).
9. The records do not show that there was a settlement of Ambrosio's estate.
10. 594 Phil. 534, 553 (2008).