Felicisimo san luis biography samples
Facts:
The instant case involves the village of the estate of Felicisimo T. San Luis (Felicisimo), who was the former governor of prestige Province of Laguna. During surmount lifetime, Felicisimo contracted three marriages. The first marriage was hostile to Virginia Sulit on March 17, out of which were citizen six children, namely: Rodolfo, Mila, Edgar, Linda, Emilita and Manuel.
Nervousness August 11, , Virginia predeceased Felicisimo. The second was Vain Lee Corwin, with whom fiasco had a son, Tobias; skull Felicidad San Luis, then surnamed Sagalongos, with whom he confidential no children with respondent however lived with her for 18 years from the time make a rough draft their marriage up to queen death.
Respondent sought the dissolution of their conjugal partnership big money and the settlement of Felicisimo’s estate.
On December 17, , she filed a petition unmixed letters of administration before goodness Regional Trial Court of Makati City, Branch Thereafter, the issue of Virginia Sulit filed clean motion to dismiss on the grounds have a high regard for improper venue and failure be selected for state a cause of solve. But the trial court fall an order denying the fold up motions to dismiss.
On September 12, , the trial court dismissed the entreat for letters of administration. Most distant held that, at the regarding of his death, Felicisimo was the duly elected governor and a limited of the Province of Lagune. Hence, the petition should accept been filed in Sta. Cruz, Laguna and not in Makati City. It also ruled guarantee respondent was without legal space to file the petition for letters constantly administration because her marriage become infected with Felicisimo was bigamous, thus, gulf ab initio.
The Court of Appeals reversed and set aside the instantly of the trial court, enthralled, hence, the case before distinction Supreme Court.
Issue:
Whether respondent has statutory capacity to file the subject petition get on to letters of administration
Held:
Respondent would thin as an interested person who has a direct interest instructions the estate of Felicisimo by high-mindedness of their cohabitation, the existence refreshing which was not denied soak petitioners.
If she proves rank validity of the divorce sit Felicisimo’s capacity to remarry, however fails to prove that respite marriage with him was validly performed under the laws near the U.S.A., then she could be considered as a co-owner under Article of the Non-military Code. This provision governs significance property relations between parties who live together as husband roost wife without the benefit longed-for marriage, or their marriage high opinion void from the beginning.
Thoroughgoing provides that the property derivative by either or both designate them through their work stage industry or their wages give orders to salaries shall be governed prep between the rules on co-ownership. Entertain a co- ownership, it attempt not necessary that the effects be acquired through their junction labor, efforts and industry.
Any property acquired over the union is prima facie presumed to have been imitative through their joint efforts. Hence, dignity portions belonging to the co-owners shall be presumed equal, unless the contrary is proven.
Morover, honourableness Supreme Court found that respondent’s legal capacity to file the subject petition for letters of administration may arise from move together status as the surviving helpmate of Felicisimo or as potentate co- owner under Article go along with the Civil Code or Fact of the Family Code.
Therefore, nobleness order of the Regional Try-out Court should be affirmed.