Case Summary (G.R. No. 10935)
Background and Proceedings
Marciana Escano had two marriages, the first to Arthur W. Jones, with whom she married in December 1914 and subsequently declared an absentee in 1919. Following several years without contact, she married Felix Hortiguela on May 6, 1927. After her death, Hortiguela was appointed as the administrator of her estate, and on May 9, 1932, he and Angelita Jones were declared the only heirs. Disputes arose regarding the legitimacy of Hortiguela's marriage to Marciana and the administration of her estate, prompting Jones to file a motion in 1934 seeking to nullify the administrator's appointment and the partition of property.
Marriage Validity and Legal Issues
A key legal question presented was whether Felix Hortiguela's marriage to Marciana Escano was valid, given her previous marriage to Arthur W. Jones. Angelita Jones argued that the declaration of absence made in April 1921 marked the beginning of Hortiguela's inability to marry, claiming that the marriage between her mother and Hortiguela was null. The court relied on provisions of the Civil Code and General Orders No. 68, indicating that for a civil marriage to be valid, it was sufficient that the former spouse had been absent for seven years, during which time Marciana Escano's former husband was effectively absent for over nine years.
Court's Findings on Marriage and Inheritance
The court determined that the absence of Arthur W. Jones was properly counted from January 10, 1918, making the subsequent marriage of Marciana and Hortiguela valid. The court supported its decision by citing previous rulings which asserted that the validity of a marriage is not nullified by the failure to record it in the municipal register, as long as all legal requirements for the marriage are satisfied. Furthermore, it concluded that Hortiguela retained the right to inherit from Marciana’s estate as her lawful widower since they were never divorced.
Administrator’s Fees and Estate Partition
In addressing the administrator's fees, the court acknowledged the P10,000 granted to Hortiguela for his services. It was revealed that he had paid a significant portion of this amount to his attorney, which the court ruled was reasonable and beneficial to the estate. Moreover, the court found no basis in law or fact for objections raised by Angelita Jones regarding the inaccuracies and errors attributed to the administrator, deeming her claims unsubstantiated.
Jurisdictional Issues
The court analyzed the jurisdictional aspects surrounding the earlier orders from which Angelita sought to appeal. It held that once orders concerning the administra
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Case Overview
- This case involves the intestate proceedings of Marciana Escano, who died without a will.
- The primary parties involved are Angelita Jones, the deceased's daughter from her first marriage, and Felix Hortiguela, the deceased's second husband and administrator of her estate.
- The appeal arises from a March 14, 1935, order by the Court of First Instance of Cebu, which denied several motions filed by Angelita Jones.
Background of the Case
- Marciana Escano was married to Arthur W. Jones in December 1914. He was declared an absentee in 1919 after he went missing.
- On May 6, 1927, Marciana married Felix Hortiguela after the legal declaration of absence had been established.
- Angelita Jones later contested the validity of this marriage and the subsequent proceedings regarding the estate.
Procedural History
- On May 9, 1932, the court declared Angelita Jones and Felix Hortiguela as the only heirs of Marciana Escano.
- Hortiguela was appointed as the judicial administrator of the estate and was granted P10,000 as fees.
- A partition of the estate was approved on June 26, 1933, which allocated properties to both parties.
Motions Filed by Angelita Jones
- On May 3, 1934, Angelita Jones filed a motion claiming she was the sole heir, alleging the marriage between her mother and Hortiguela was invalid and contesting the administrator's fees.
- She requested a reopening of the proceedings an