Remedial Law – Special Proceedings – Petition for Declaration of Absolute Nullity of Marriage – There is Forum Shopping if Separate Proceedings is Filed to partition Properties
Arturo Tanyag and Dolores Tanyag married in 1979. In 2004, Dolores petitioned before the Quezon City RTC for the annulment of their marriage on the ground of psychological incapacity. While the annulment case was pending, Dolores filed with the La Trinidad, Benguet RTC a petition to have two parcels of lot there to be declared as her paraphernal property. Arturo moved for the dismissal of the case in Benguet on the ground of forum shopping. In 2015, the QC RTC granted Dolores’ petition.
Meanwhile, in the Benguet case, Arturo’s motion was denied. He appealed to the CA. His appeal was denied. His MR was likewise denied.
ISSUE: Whether or not Dolores committed forum shopping when she filed the petition to declare as paraphernal certain properties acquired during her marriage with Arturo.
HELD: Yes. Upon the parties’ filing of a petition for the declaration of nullity of marriage, trial courts also acquire jurisdiction over matters incidental and consequential to the marriage. Among these is the settlement of the parties’ common properties. By filing another petition for the determination of which properties form part of the co-ownership, a party commits forum shopping by splitting causes of action. Dolores filed a separate Petition for Declaration of Paraphernal Property, asking a different trial court to determine that the two parcels of land subject of the Property Case are not conjugally owned. By doing so, Dolores committed forum shopping by splitting causes of action.
