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[deoetpatria]

G.R. No. L-30977, January 31, 1972

CARMEN LAPUZ SY, represented by her substitute MACARIO LAPUZ, petitioner-appellant, vs. EUFEMIO S. EUFEMIO alias EUFEMIO SY UY, respondent-appellee.

Jose W. Diokno for petitioner-appellant.

D. G. Eufemio for respondent-appellee.

REYES J.B.L., J.:p

FACTS:

Carmen Lapuz-Sy filed a petition for legal separation against Eufemio Eufemio on August 1953.  They were married civilly on September 21, 1934 and canonically after nine days.  They had lived together as husband and wife continuously without any children until 1943 when her husband abandoned her.  They acquired properties during their marriage.  Petitioner then discovered that her husband cohabited with a Chinese woman named Go Hiok on or about 1949.  She prayed for the issuance of a decree of legal separation, which among others, would order that the defendant Eufemio should be deprived of his share of the conjugal partnership profits. Eufemio counterclaimed for the declaration of nullity of his marriage with Lapuz-Sy on the ground of his prior and subsisting marriage with Go Hiok.  Trial proceeded and the parties adduced their respective evidence.  However, before the trial could be completed, respondent already scheduled to present surrebuttal evidence, petitioner died in a vehicular accident on May 1969.  Her counsel duly notified the court of her death.  Eufemio moved to dismiss the petition for legal separation on June 1969 on the grounds that the said petition was filed beyond the one-year period provided in Article 102 of the Civil Code and that the death of Carmen abated the action for legal separation.  Petitioner’s counsel moved to substitute the deceased Carmen by her father, Macario Lapuz.

ISSUE: 

Whether the death of the plaintiff, before final decree in an action for legal separation, abate the action and will it also apply if the action involved property rights.

RULING:

An action for legal separation is abated by the death of the plaintiff, even if property rights are involved. These rights are mere effects of decree of separation, their source being the decree itself; without the decree such rights do not come into existence, so that before the finality of a decree, these claims are merely rights in expectation. If death supervenes during the pendency of the action, no decree can be forthcoming, death producing a more radical and definitive separation; and the expected consequential rights and claims would necessarily remain unborn.

The petition of  Eufemio for declaration of nullity is moot and academic and there could be no further interest in continuing the same after her demise, that automatically dissolved the questioned union.  Any property rights acquired by either party as a result of Article 144 of the Civil Code of the Philippines 6 could be resolved and determined in a proper action for partition by either the appellee or by the heirs of the appellant.

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[mylabcoatandstilettos-blog]

The Process of a Criminal Trial

The United States Court systems are very complex and the processes needed to go through can take from months to years. The beginning of a criminal trial will always begin with a pretrial, which this part of the process is determined by a judge whether there are grounds for a trial at all. After the Pretrial, there is the jury selection and the judge has the responsibility to make sure the setup of the trial goes smoothly. There is no set number for people on a jury, normally there are only twelve people. To be a suitable juror you have to understand English, be a United States Citizen, and be able to understand the court case.

Once the jury is selected, the trial can begin. The Trial will begin from opening statements from the prosecution attorney and then the defense. The defense attorney job is to make sure that the ‘criminal’ receives 'his’ rights also the attorney fights on 'his’ behalf. After the opening statements the prosecution presents the case-in-chief, which is the 'burden’ of evidence. This is the proof that the prosecutor has to charge the alleged criminal, but if this evidence isn’t presented the person in custody gets set free with no charge.

After the evidence is presented in the courts, there is a rebuttal by the defense attorney asking questions to witnesses on the stand. After making his presentation over why the defendant isn’t guilty. Until the defense attorney presents the prosecutor isn’t aloud to make his own rebuttal. If the defense attorney presents evidence properly to the courts during his rebuttal he will be aloud to present a surrebuttal. This can allow more evidence to be introduced, but the subject matter of evidence is limited to only the rebuttal of the prosecutor.

Now, both sides have presented their cases and they only have their closing arguments left. This gives the lawyers the opportunity to summarize their cases unlike the opening statements, and the attorneys are able to appeal to the jury if interference can rationally be drawn from the presented evidence during the trial.

As, the jury deliberates, only the regular jury members will participate in the deliberation. In every trial, there are always alternatives for in case a juror is unable to do 'his’ duties. The prevention of any type of influence from the outside the deliberation process is done is secrecy. The time for deliberation ranges from case to case, but once they have a verdict they go back to the courts and deliver it to the judge.Then the judge will sentence the defendant according to the state law or the federal law.

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