Armas v. Calisterio
GR 136467. 6 April 2000
FACTS:
Teodorico Calistero died intestate, leaving several parcels of land. He was survived by his wife, Marietta. Teodorico was the second husband of Marietta who was previously married to William Bounds in January 1946. The latter disappeared without a trace in February 1947. 11 years later from the disappearance of Bounds, Marietta and Teodorico got married without Marietta securing a court declaration of Bounds’ presumptive death.
Antonia Armas, surviving sister of Teodorico filed a petition claiming to be the sole surviving heir of the latter and that the marriage between Marietta and her brother, being allegedly bigamous is by itself null and void. She prayed that her son be appointed as administrator of the estate of the decedent and inheritance be adjudicated to her.
ISSUE:
WON Marietta and Teodorico’s marriage was void due to the absence of the declaration of presumptive death
RULING:
No. The marriage between the respondent and decedent was solemnized in 1958 where the law in force at the time was the Civil Code and not the Family Code. Article 256 of the Family Code limits its retroactive effect only to cases where it would not prejudice or impair vested or acquired rights in accordance with the Civil Code and other laws. Since the Civil Code provides that declaration of presumptive death is not essential before contracting marriage where at least 7 consecutive years of absence of the spouse is enough to remarry, then Marietta’s marriage with Teodorico is valid and therefore she has a right to claim a portion of Teodorico’s estate.
