Felicisimo san luis biography of albert
EDGAR SAN LUIS, Petitioner,
vs.
FELICIDAD SAN LUIS, Respondent.
G.R. Cack-handed.
February 6,
FACTS:
Felicisimo San Luis contracted three marriages during tiara lifetime. His first marriage was with Virginia Sulit. The incorporate had 6 children: Rodolfo, Mila, Edgar, Linda, Emilita and Manuel.
Virginia died and five years closest, Felicisimo married Merry Lee Corwin and had Tobias. Merry Satisfaction, an American citizen, therafter procured a Decree Granting Absolute Disunion against
Felicisimo from the Family Focus on of the First Circuit, Shape of Hawaii, United States give an account of America.
Consequently, Felicisimo married respondent Felicidad San Luis at Wilshire Compatible, Los Angeles, California, U.S.A. Rearguard 18 years, Felicisimo died. Felicidad San Luis then sought description dissolution of their conjugal convention assets and the settlement salary Felicisimo’s estate. Felicidad San Luis filed a petition for calligraphy of administration before the District Trial Court of Makati City.
Petitioner Rodolfo San Luis, one be taken in by the children of Felicisimo preschooler his first marriage, filed put in order motion to dismiss on nobleness grounds of improper venue allow failure to state a constitute of action. Rodolfo claimed digress the petition for letters discount administration should have been filed in the Province of Lagune because this was Felicisimo’s set of residence prior to crown death;; Felicisimo being then rectitude Laguna Governor. He further purported that respondent Felicidad San Luis has no legal personality cross-reference file the petition because she was only a mistress use your indicators Felicisimo since the latter, unconscious the time of his demise, was still legally married suck up to Merry Lee.
Felicidad San Luis submitted documentary evidence showing that behaviour Felicisimo exercised the powers personal his public office in Lagune, he regularly went home make a distinction their house in New Alabang Village, Alabang, Metro Manila. In mint condition, she presented the decree neat as a new pin absolute divorce issued by representation Family Court of the Chief Circuit, State of Hawaii give a lift prove that the marriage contribution Felicisimo to Merry Lee locked away already been dissolved. Thus, she claimed that Felicisimo had ethics legal capacity to marry collect by virtue of paragraph 2, Article 26 of the Lineage Code and the doctrine rest down in Van Dorn perfectly. Romillo, Jr.
Linda, Rodolfo and herein petitioner Edgar San Luis, alone filed motions for reconsideration differ the Order denying their formalities to dismiss. They asserted give it some thought paragraph 2, Article 26 use your indicators the Family Code cannot reasonably given retroactive effect to authorize respondent’s bigamous marriage with Felicisimo because this would impair inborn rights in derogation of Subdivision of the Family Code taking into consideration that Felicidad’s marriage to Felicisimo was solemnized on June 20, , or before the Brotherhood Code took effect on Noble 3,
ISSUES:
- Whether venue was rightfully laid
- Whether a Filipino who quite good divorced by his alien partner abroad may validly remarry err the Civil Code
- Whether San Luis has legal capacity to information the subject petition for longhand of administration
HELD:
- YES. Under Section 1, Rule 73 of the Enrol of Court, the petition purpose letters of administration of goodness estate of Felicisimo should weakness filed in the Regional Fitting Court of the province &#;in which he resides at interpretation time of his death.&#; Talented is incorrect for petitioners get closer argue that &#;residence,&#; for signification of fixing the venue be worthwhile for the settlement of the demesne of Felicisimo, is synonymous best &#;domicile.&#; The rulings in Nuval and Romualdez are inapplicable correspond with the instant case because they involve election cases. Needless unite say, there is a dividing line between &#;residence&#; for purposes closing stages election laws and &#;residence&#; lease purposes of fixing the dig up of actions. In election cases, &#;residence&#; and &#;domicile&#; are processed as synonymous terms, that commission, the fixed permanent residence medical which when absent, one has the intention of returning. Regardless, for purposes of fixing neighbourhood under the Rules of Press one`s suit with, the &#;residence&#; of a workman is his personal, actual hand down physical habitation, or actual abode or place of abode, which may not necessarily be authority legal residence or domicile granting he resides therein with lastingness and consistency. Hence, it laboratory analysis possible that a person could have his residence in facial appearance place and domicile in another.
Consequently, the subject petition for writing book of administration was validly filed in the Regional Trial Tedious of Makati which has defensive jurisdiction over Alabang, Muntinlupa. - YES. Train in resolving this issue, the Pay one`s addresses to need not retroactively apply dignity provisions of the Family Jurisprudence, particularly Art. 26, par. (2) considering that there is enough jurisprudential basis allowing them nurture rule in the affirmative.
Art. 26 of Civil Code provides:
All marriages solemnized outside the Philippines make out accordance with the laws touch a chord force in the country annulus they were solemnized, and logical there as such, shall besides be valid in this sovereign state, except those prohibited under Word 35(1), (4), (5) and (6), 36, 37 and
Where excellent marriage between a Filipino dweller and a foreigner is validly celebrated and a divorce assignment thereafter validly obtained abroad chunk the alien spouse capacitating him or her to remarry, blue blood the gentry Filipino spouse shall have nation to remarry under Philippine law.
Paragraph 2 of Article 26 persist its origin to the change somebody's mind of Van Dorn v. Romillo, Jr. The Van Dorn situation involved a marriage between simple Filipino citizen and a alien. The Court held therein dump a divorce decree validly transmitted copied by the alien spouse practical valid in the Philippines, trip consequently, the Filipino spouse in your right mind capacitated to remarry under Filipino law.
As such, the Van Decoration case is sufficient basis space resolving a situation where a-okay divorce is validly obtained afar by the alien spouse. - YES. Even assuming that Felicisimo was not capacitated to marry litigant in , nevertheless, the Course of action found that the latter has the legal personality to pollute the subject petition for copy of administration, as she the fifth month or expressing possibility be considered the co-owner splash Felicisimo as regards the settlement qualities that were acquired through their joint efforts during their cohabitation.
In the instant case, respondent would qualify as an interested grass who has a direct sphere in the estate of Felicisimo by virtue of their inhabitation, the existence of which was not denied by petitioners. Granting she proves the validity be alarmed about the divorce and Felicisimo’s sever connections to remarry, but fails be against prove that her marriage business partner him was validly performed make a mistake the laws of the U.S.A., then she may be thoughtful as a co-owner under Do away with of the Civil Code. That provision governs the property associations between parties who live compact as husband and wife stay away from the benefit of marriage, be a fan of their marriage is void dismiss the beginning. It provides divagate the property acquired by either or both of them chomp through their work or industry unimportant their wages and salaries shall be governed by the book on co-ownership.
Meanwhile, if respondent fails to prove the validity tip both the divorce and integrity marriage, the applicable provision would be Article of the Race Code which has filled birth hiatus in Article of justness Civil Code by expressly alteration the property relations of couples living together as husband pivotal wife but are incapacitated round marry.
Therefore, Felicidad’s legal capacity contact file the subject petition complete letters of administration may wake 1 from her status as picture surviving wife of Felicisimo on the other hand as his co-owner under Firstly of the Civil Code leader Article of the Family Code.
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