Case Digest (G.R. No. 133743)
Facts:
In the consolidated petitions Edgar San Luis v. Felicidad San Luis (G.R. Nos. 133743 & 134029), petitioners Edgar and Rodolfo San Luis, two of the six children of former Laguna Governor Felicisimo T. San Luis, assail respondent Felicidad San Luis’s petition for letters of administration of their father’s estate. Felicisimo contracted three marriages: first to Virginia Sulit (six children) in 1942, who predeceased him in 1963; second to American citizen Merry Lee Corwin in 1968, dissolved by a Hawaiian decree of absolute divorce in 1973; and third to Felicidad Sagalongos in Los Angeles in 1974, with whom he cohabited until his death on December 18, 1992. On December 17, 1993, respondent filed before the Regional Trial Court of Makati City (SP. Proc. No. M-3708) a petition to liquidate conjugal partnership assets and settle the decedent’s estate, alleging that he resided in Alabang at his death and that she was his surviving spouse. Petitioners moved to dismiss for improper v
Case Digest (G.R. No. 133743)
Facts:
- Personal and marital history
- Felicisimo T. San Luis married thrice:
- First (1942) to Virginia Sulit – six children; Virginia died 1963.
- Second (1968) to Merry Lee Corwin – one child; Merry obtained a Hawaii divorce in 1973.
- Third (1974) to Felicidad Sagalongos in California – no children; cohabited until his death on December 18, 1992.
- Estate and residence
- Decedent owned conjugal and exclusive properties valued at approx. ₱30.3 million; no unpaid debts.
- Though governor of Laguna, he lived in “100 San Juanico St., Ayala Alabang Village, Muntinlupa” from 1982 until death.
- Procedural history
- December 17, 1993 – Respondent filed for letters of administration and dissolution of conjugal partnership in RTC Makati (SP. Proc. No. M-3708).
- February 1994 – Children (Rodolfo, Linda) moved to dismiss for improper venue (Laguna domicile) and respondent’s lack of standing (bigamous marriage); motions denied February 28, 1994.
- Motions for reconsideration and judge disqualifications ensued; case re-raffled to Branch 134.
- September 12, 1995 – RTC dismissed petition: venue improper, marriage void ab initio, foreign divorce invalid in PHL, Art. 26 par. 2 FC not retroactive.
- January 31, 1996 – Motion for reconsideration denied.
- February 4, 1998 – CA reversed RTC:
- Venue proper (actual residence in Alabang).
- Foreign divorce valid; Art. 26(2) FC and Van Dorn/Pilapil allow remarriage.
- Remanded for further proceedings.
- Motions for reconsideration denied; petitions for certiorari filed with SC by Edgar and Rodolfo.
Issues:
- Venue
- Was the petition for letters of administration properly filed in RTC Makati based on Felicisimo’s “residence”?
- Legal capacity to file
- Did respondent have standing as surviving spouse given:
- Foreign divorce obtained by Merry Lee?
- Bigamous/void nature of marriage to Felicisimo?
- Retroactive effect of Art. 26 par. 2 Family Code?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)