Case Digest (G.R. No. 132529)
Facts:
Susan Nicdao Carino v. Susan Yee Carino, G.R. No. 132529, February 02, 2001, the Supreme Court First Division, Ynares‑Santiago, J., writing for the Court. The petition for review on certiorari assails the Court of Appeals decision in CA‑G.R. CV No. 51263, which affirmed the Regional Trial Court of Quezon City, Branch 87, Civil Case No. Q‑93‑18632.During his lifetime the late SPO4 Santiago S. Carino contracted two marriages. The first was on June 20, 1969 to Susan Nicdao Carino (petitioner), with whom he had two children, Sahlee and Sandee. The second ceremony took place on November 10, 1992 with Susan Yee Carino (respondent), after almost ten years of cohabitation beginning in 1982; the second union produced no children. Santiago fell ill in 1988 and died on November 23, 1992 under the care of Susan Yee, who paid for his medical and burial expenses.
Both women filed claims for the deceased’s monetary benefits from various government agencies. Petitioner collected P146,000 from MBAI, PCCUI, commutation, NAPOLCOM and Pag‑IBIG; respondent received P21,000 from GSIS (life, burial) and SSS (burial). On December 14, 1993 respondent sued petitioner for collection of money, seeking at least one‑half of the P146,000 that petitioner had received as “death benefits.” Petitioner was served but did not answer and was declared in default by the trial court.
Respondent admitted her marriage to the deceased occurred while the first marriage still subsisted and without a prior judicial declaration of nullity, but averred she did not know of the earlier marriage until the funeral. To prove the first marriage was void, respondent introduced the 1969 marriage certificate (which bears no marriage‑license number) and a March 9, 1994 certification from the Local Civil Registrar of San Juan stating there is no record of a marriage license for the couple. On August 28, 1995 the trial court ordered petitioner t...(Subscriber-Only)
Issues:
- May a court pass upon the validity of a marriage in a suit for collection of money after the spouses’ death without a prior judicial declaration of nullity for purposes other than remarriage?
- Is the June 20, 1969 marriage between Susan Nicdao and Santiago S. Carino void ab initio for lack of a marriage license?
- Given the foregoing, was Susan Yee entitled to one‑half of the P146,000 in death benefits col...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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