ANTONIETTA GARCIA VDA. DE CHUA, petitioner, vs.
COURT OF APPEALS, respondents.
G.R. No. 116835 March 5, 1998
FACTS:
During his lifetime, Roberto Lim Chua lived out of wedlock with private respondent Florita A. Vallejo from 1970 up to 1981. Out of this union, the couple begot two illegitimate children. On 28 May 1992, Roberto Chua died intestate in Davao City. On 2 July 1992, private respondent filed a Petition for the declaration of Heirship and guardianship over the person and properties of Robert Rafson and Rudyard Pride, their illegitimate children. On 21 July 1992, herein petitioner Antonietta Garcia Vda. de Chua, representing to be the surviving spouse of Roberto Chua, filed a Motion to Dismiss 2 on the ground of improper venue. Petitioner alleged that at the time of the decedent’s death Davao City was his residence, hence, the Regional Trial Court of Davao City is the proper forum. Florita contends that movant/oppositor Antonietta Chua is not the surviving spouse of the late Roberto L. Chua but a pretender to the estate of the latter since the deceased never contracted marriage with any woman until he died.
ISSUE:
Whether or not the Antoinnetta Garcia Vda. De Chua’s claim that she is the surviving spouse of the deceased is tenable.
HELD:
It is clear from the foregoing that the movant failed to establish the truth of her allegation that she was the lawful wife of the decedent. The best evidence is a valid marriage contract which the movant failed to produce. Be that as it may, petitioner has no legal standing to file the motion to dismiss as she is not related to the deceased, nor does she have any interest in his estate as creditor or otherwise.
