Whether or not an action for declaration of nullity of marriage may be a valid case for the notation of a Notice of Lis Pendens

The answer is in the affirmative. In a long line of consultas, the LRA has ruled, to wit:

" Again, it was advanced that the Notice of Lis Pendens could not be given due course on account of the fact that the action subject thereof is for the declaration of absolute nullity of marriage which does not fall under the provisions of Section 76 of PD 1529. Consulta No. 1737 settles this, and we quote its penultimate paragraph, Thus:

"Section 76 of PD 1529 authorizes among others, the registration of Notice of Lis Pendens is proceedings of any kind in court directly affecting the title to land or the use or occupation thereof or the buildings thereon and this may very well include a petition for legal separation. Consequently, it is our view that as this issue of title, or ownership of the conjugal partnership, properties are directly involved in a proceeding for legal separation, the remedy of lis pendens is available to the parties thereto."

In a separate ruling, the LRA held that:

"An action for annulment of marriage may be the subject of lis pendens because if the petition is granted by the court the conjugal partnership is dissolved and liquidated and the properties divided between the spouses. Hence, the properties are directly affected in the proceeedings." (Consulta No. 2201)