G.R. No. 241036, January 26, 2021
FACTS:
Lucila married Rene and begot 5 children, the Aguas heirs in this case. Rene filed a petition to declare his marriage with Lucila null and void on the ground of the latter’s psychological incapacity and was ruled in affirmative by the court in December 2005. Rene contracted a second marriage with Cherry in 2006 and died intestate in 2015.
Cherry filed a petition for the settlement of the intestate estate of Rene raffled to RTC-Angeles City, Branch 56 (Branch 56).
Lucila and the Aguas heirs (petitioners) filed a petition for Declaration of Nullity of Marriage of Rene and Cherry on the ground that the said subsequent marriage was entered into without complying the provisions in Articles 52 and 53 of the Family Code on the partition and distribution of the properties of the previous marriage and the delivery of the presumptive legitimes. It was raffled to RTC-Angeles City, Branch 59 (Branch 59), the designated Family Court.