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May the heirs of a deceased person file a petition for the declaration of nullity of his marriage after his death?

April 26, 2017death deceased Declaration file heirs marriage nullity person petition

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May the heirs of a deceased person file a petition for the declaration of nullity of his marriage after his death?

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A. – Yes, the Court may pass upon the validity of marriage even in a suit not directly instituted to question the same so long as it is essential to the determination of the case. (Niñal v. Bayadog, G.R. No. 133778, March 14, 2000, 328 SCRA 122). Back to Top Bigamy & Nullity of Marriage Q. – Is the pendency of a civil case for declaration of nullity of marriage a prejudicial question to suspend the criminal case for bigamy? A. – No, the prosecution of the criminal case cannot be delayed or frustrated by filing belatedly a judicial declaration of nullity of first marriage. (Bobis v. Bobis, G.R. 138509, July 31, 2000).