Abangan vs Sabellano-Sumagang G.R. No. 186722|June 18, 2012
CASE DIGEST
Abangan vs Sabellano-Sumagang
G.R. No. 186722|June 18, 2012
Topic: Action for judicial declaration of heirship; what is established;
Synopsis:
The Supreme Court heard a Petition for Review on Certiorari involving the cancellation of the entry in the Register of Marriages of the City Civil Registrar of Cebu City. The case arose from the registration of the purported marital union between Anastacia Abangan and Raymundo Cabellon. The United Abangan Clan filed a petition seeking the cancellation of the entry in the Register of Marriages on the grounds that Anastacia died single and without issue, the marriage took place before the law's effectivity, and there was a failure to show cause for the delay in registration. The trial court dismissed the petition on the ground of litis pendentia, as another action was pending between the same parties for the same cause of action. The Supreme Court granted the petition assailing the Resolution of the RTC which dismissed the action of the petitioner. It held that there is no identity and similarity between the first and the second petitions with respect to the issues under litigation. Because the respective subject matters in the two actions differ, any decision that may be rendered in one of them cannot constitute res judicata in the other.
Facts:
The case involves 2 petitions filed in court, which were both initiated by petitioner, which involved the same parties and concerned the same issues and reliefs prayed for. The first petition involved a judicial declaration of the heirs of decedent Anastacia. Respondents argued that petitioner was engaged in forum shopping, since the fact of marriage between Anastacia and Raymundo was an important issue to be resolved in another case. They also asserted that the United Abangan Clan was estopped from questioning the late registration of the marriage, which petitioner had failed to contest after the publication of the Notice of Delayed Registration. The RTC issued a Resolution dismissing the Petition for cancellation of the entry in the Register of Marriages (second petition) on the ground of litis pendentia.
Issue
1. The sole issue before this Court is whether or not the instant petition was properly dismissed on the ground of litis pendentia. - NO
Held:
1. There is no identity and similarity between the first and the second petitions with respect to the issues under litigation. The action in the prior Petition (SP. PROC. No. 16171-CEB) involves a judicial declaration of heirship, while the main issue in the present one (SP. PROC. No. 16180-CEB) pertains to a cancellation of entry in the civil register.
An action for declaration of heirship (declaracion de herederos) refers to a special proceeding in which a person claiming the status of heir seeks prior judicial declaration of his or her right to inherit from a decedent.
On the other hand, an action for cancellation of entry in the civil register refers to a special proceeding whereby a substantial change affecting the civil status of a party is sought through the amendment of the entry in the civil register.
In the former, what is established is a party’s right of succession to the decedent; in the latter, among those settled are the issues of nationality, paternity, filiation, legitimacy of the marital status, and registrability of an event affecting the status or nationality of an individual.
Because the respective subject matters in the two actions differ, any decision that may be rendered in one of them cannot constitute res judicata in the other. A judicial declaration of heirship is inconclusive on the fact of occurrence of an event registered or to be registered in the civil register, while changes in the entries in the civil register do not in themselves settle the issue of succession.
WHEREFORE, the Petition is GRANTED. The 6 February 2009 Resolution of the Cebu City RTC in SP. PROC. No. 16180-CEB is REVERSED and SET ASIDE. We hereby order the REMAND of the case (SP. PROC. No. 16180-CEB) to the RTC for a trial on the merits.