Lapuz Sy v.

Eufemio, 43 SCRA 177 (1972)

Facts:
Lapuz filed for legal separation on the ground of abandonment. Eufemio filed
a counterclaim for declaration of nullity of marriage. Before trial was completed, she
died in a vehicular accident.
Held:
Death of the plaintiff before decree of legal separation abates the action.
There is no more need for legal separation because the marriage is already
dissolved by the death of one of the parties. (1) The petition for legal separation
and the counterclaim to declare the nullity of the self same marriage can stand
independent and separate adjudication. Legal separation was not converted into
declaration for nullity by a counterclaim, for legal separation presupposes a valid
marriage, while the petition for nullity has a voidable marriage as a precondition. (2)
An action for legal separation is purely personal. Being personal in character, it
follows that the death of one party to the action causes the death of the action
itself. Death abates the action for legal separation. Janz Serrano