Case Digest (G.R. No. 39871)
Facts:
- Benito Marcelo and Emilia Francisco were married in 1896.
- Benito was deported to Spain in 1897.
- While Benito was in exile, Emilia gave birth to a daughter named Lucila in 1900.
- In 1904, Benito filed for divorce against Emilia.
- The court granted an absolute divorce, annulling their marriage.
- In 1906, Benito married Antonina Jason.
- Benito and Antonina lived as husband and wife until Benito's death in 1929.
Issue:
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Ruling:
- The court finds that Lucila Marcelo is not a legitimate child of Benito Marcelo.
- The court rules that the absolute divorce granted in 1904 did not dissolve the marriage between Benito Marcelo and Emilia Francisco. ...(Unlock)
Ratio:
- The court determines that Lucila Marcelo is not a legitimate child of Benito Marcelo based on the timeline of events and the absence of conception during the period when Benito and Emilia were together.
- Lucila was born in 1900, while Benito was in exile, and there is no evidence to suggest that Benito and Emilia had any conjugal relations during this time.
- The court explains that the absolute divorce granted in 1904 was invalid because the court did not have jurisdiction to grant an absolute divorce at that time.
- The divorce only separated the spouses from bed and board and did not dissolve the marriage or the conjugal partnership.
- The court emphasizes that divorce was not recognized in the Philippines until the enactment of the Divorce Law in 1950.
- The court recognizes that the second marriage between Benito Marcelo and Antonina Jason was entered into in go...continue reading
Case Digest (G.R. No. 39871)
Facts:
The case of Francisco v. Jason involves the intestate estate of the deceased Benito Marcelo. The petitioners, Emilia Francisco and Lucila Marcelo, appealed the order of the Court of First Instance of Palawan, which declared the widow Antonina Jason and her children as the heirs of Benito Marcelo.
Issue:
The main issues raised in the case are whether Lucila Marcelo is a legitimate child of Benito Marcelo and whether the absolute divorce granted to Benito Marcelo in 1904 dissolved his marriage with Emilia Francisco.
Ruling:
The court ruled that Lucila Marcelo is not a legitimate child of Benito Marcelo. It was determined that she could not have been conceived during the period when Benito Marcelo and Emilia Francisco were living together as husband and wife.
Regarding the divorce, the court held that the absolute divorce granted in 1904 did not dissolve the marriage bond of Benito Marcelo and Emilia Francisco. The court stated that the divorce decree was entered without jurisdiction, as the court did not have the authority to grant absolute divorce at that time. Therefore, the divorce only separated the spouses from bed and board, but did not dissolve the marriage or the conjugal partnership.
The court also addressed the issue of the second marriage between Benito Marcelo and Antonina Jason. The court decl...