5. Ledesma vs. Pedrosa

G.R. No. 102126 March 12, 1993 ANGELICA LEDESMA, petitioner, vs. INTESTATE ESTATE OF CIPRIANO PEDROSA repree!"e# $% Ne&o! '()e!a, *o!ora$&e  '+#e -e"he& -e"he& a"a&$a/Moc a"a&$a/Mocar#o! ar#o! (! her capac("% a a Pre(#(! Pre(#(! '+#e/De(!a"e '+#e/De(!a"e,, -ra!ch 1, RTC, -aco&o# C("%, respondents. PADILLA,  J.: FACTS Petitioner’s marriage to Pedrosa was declared a nullity by the RTC on 8 February 18!.  The Court ordered ordered that that the properties properties ac"uired at the time they were living together as comm common on#la #law w husb husban and d and and wi$e wi$e are are owne owned d by them them as co#ow co#owne ners rs to be gove goverrned ned by the the provi provisio sions ns on co#owne co#owners rship hip o$ the civil civil code% code% that that the prope properti rties es ac"uir ac"uired ed by plaint plainti& i& and de$endant a$ter their marriage was solemni'ed on (arch )*, 1+*, which was annulled by this Court Court in the above# above#ent entitl itled ed proce proceedi eding, ng, $orms $orms part part o$ the conug conugal al partne partners rship hip and upon upon dissolution o$ the marriage, to be li"uidated in accordance with the provision o$ the civil code. Pending receipt by the court o$ the ordered inventory, Pedrosa died. - separate petition $or the probate o$ his last will and testament was led be$ore /ranch !0. elson 2imena was named e3ecutor and substituted Pedrosa in the partition proceedings be$ore /ranch *1.

 The respondent respondent udge udge in a partition partition proceeding proceeding 4/ranch 4/ranch *15 declared declared as $ollows6 $ollows6 With With all these these inform informati ation ons, s, and consid consideri ering ng the the nature nature of the action action,, the Court Court nds nds the substitution of the original plainti improper, as the defendant herein can pursue her claim over  the properties before the intestate proceedings being instituted. Action for intervention in order  that that the judgme judgment nt in this this partic particul ular ar procee proceedi ding ng can be implem implement ented, ed, can can be raised raised in the intest intestate ate Court. Court. In view view of the above, above, withou withoutt preju prejudic dice e to the defen defendan dant's t's right right to le le as inte interv rven enor or in the the inte intest stat ate e proc procee eedi ding ngs s with with the the judg judgme ment nt annu annull llin ing g the the marr marria iage ge,, the the  proceedings becomes moot and academic with the pendenc of the intestate proceeding before !ranch "#. $his case is therefore deemed $%&I(A$%). 7ence, this special civil action $or certiorari under certiorari under Rule +*.

ISSE6 9 the termination termination o$ the supplemental action $or partition on account o$ the death o$ one o$ the spouses and the pendency o$ intestate proceeding o$ the deceased spouse’s estate PR9P:R. RLING  9. The rules on dissolution and li"uidation li"uidation o$ the conugal partnership partnership o$ gains under the a$orecited provisions o$ the Civil Code would be applied e&ective 2anuary !, 1;0 when the decree o$ legal separation became nal.