Antonia Armas y Calisterio versus Calisterio
G.R. No. 136467. April 6, 2000
Facts:
On April 1992, Teodorico died intestate leaving parcel of land with an estimated value of P 604,750 Teodorico was survived by his wife respondent Marietta Calisterio. Teodorico was second husband of Marietta who had previously been married to James William Bounds on 13 January 1946 at Caloocan City. Teodorico and Marietta were married eleven years later without court declaration that James presumptively dead. On October 9, 1992 petitioner Antonia Armas y Calisterio a surviving sister of Teodorico, filed a petition entitled “In matter of Intestate Estate of the deceased Teodorico Calisterio, claiming to be inter alia, the sole surviving heir of Teodorico Calisterio, the marriage between the latter and respondent Marietta being bigamous and thereby null and void. On January 17 1996, the lower court handed down its decision in favor of petitioner Antonia. On appeal the Court of Appeal rendered decision in favor of Marietta declaring her marriage to Teodorico valid and entitling her to estate of Teodorico.
Issue:
Whether the marriage of Marietta between the deceased Teodorico valid that in turn would determine her right as surviving spouse.
Held:
The marriage of Marietta having contracted during the regime of the Civil Code should be thus deemed valid notwithstanding the absence of judicial declaration of marriage of presumptive death of James Bounds. The conjugal property of Teodorico and Marietta, upon its dissolution with the death of Teodorico, the property should be rightly divided one portion to the surviving spouse and the other portion to the estate of the deceased spouse.
