Scribd Logo
Upload

Welcome to Scribd!

  • 286 views

    Armas Calisterio Vs Calisterio

    Uploaded by

    Angie Douglas
    Teodorico died intestate survived by his wife Marietta. Marietta had previously been married to James who disappeared without a trace. Marietta and Teodorico married without securing a court declaration that James was presumptively dead. The court ruled that under the Civil Code, Marietta and Teodorico's marriage was valid even without a declaration of death, and that Marietta could inherit as Teodorico's surviving spouse. As surviving spouse, Marietta was entitled to half of Teodorico's estate, while the other half was divided among his surviving siblings or nephews and nieces.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Armas Calisterio Vs Calisterio

    Uploaded by

    Angie Douglas
    286 views1 page
    Teodorico died intestate survived by his wife Marietta. Marietta had previously been married to James who disappeared without a trace. Marietta and Teodorico married without securing a court declaration that James was presumptively dead. The court ruled that under the Civil Code, Marietta and Teodorico's marriage was valid even without a declaration of death, and that Marietta could inherit as Teodorico's surviving spouse. As surviving spouse, Marietta was entitled to half of Teodorico's estate, while the other half was divided among his surviving siblings or nephews and nieces.

    Original Description:

    armas vs. calisterio

    Original Title

    Armas Calisterio vs Calisterio

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Teodorico died intestate survived by his wife Marietta. Marietta had previously been married to James who disappeared without a trace. Marietta and Teodorico married without securing a court declaration that James was presumptively dead. The court ruled that under the Civil Code, Marietta and Teodorico's marriage was valid even without a declaration of death, and that Marietta could inherit as Teodorico's surviving spouse. As surviving spouse, Marietta was entitled to half of Teodorico's estate, while the other half was divided among his surviving siblings or nephews and nieces.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    286 views1 page

    Armas Calisterio Vs Calisterio

    Uploaded by

    Angie Douglas
    Teodorico died intestate survived by his wife Marietta. Marietta had previously been married to James who disappeared without a trace. Marietta and Teodorico married without securing a court declaration that James was presumptively dead. The court ruled that under the Civil Code, Marietta and Teodorico's marriage was valid even without a declaration of death, and that Marietta could inherit as Teodorico's surviving spouse. As surviving spouse, Marietta was entitled to half of Teodorico's estate, while the other half was divided among his surviving siblings or nephews and nieces.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Armas Calisterio vs.

    Calisterio
    G.R. No. 136467 / April 6, 2000

    Topic: Under the Civil Code, second marriage contracted by a person


    without securing a judicial declaration of presumptive death of his/her
    former spouse is valid, thus, he/she may inherit to his/her second spouse.

    FACTS: Teodorico died intestate and was survived by his wife, Marietta.
    Teodorico was the second husband of Marietta who had been previously married
    to James, who disappeared without a trace. Teodorico and Marietta were married
    without having secured a court declaration that James was presumptively dead.
    Antonia, surviving sister of Teodorico, claiming to be sole surviving heir of
    Teodorico, alleged that the marriage between Teodorico and Marieta was
    bigamous and thus, null and void. The RTC ruled that the marriage between
    Marietta and teoderico is void; hence, Antonia was declared as the sole heir of
    teoderico. The CA reversed the RTC decision.

    ISSUE: Whether or not the marriage between deceased Teodorico and


    Marietta is valid and thus, Marietta can inherit from Teodorico.

    Held:

    The second marriage, having been contracted during the regime of the
    Civil Code, is valid notwithstanding the absence of a judicial declaration of
    presumptive death of James.xxxThe conjugal property of Teodorico and Marietta,
    no evidence having been adduced to indicate another property regime between
    the spouses, pertains to them in common. Upon the dissolution with the death of
    Teodorico, the property should be divided into 2 equal portions: one portion to the
    surviving spouse and the other portion to the estate of the deceased spouse.

    The successional right in intestacy of a surviving spouse over the net


    estate of the deceased, concurring with the legitimate brothers and sisters or
    nephews and nieces (the latter by right of representation), is of the inheritance,
    the brothers and sisters or nephews and nieces, being entitled to the other half.
    Brothers and sisters exclude nephews and nieces except only in representation
    by the latter of their parents who predeceased or are incapacitated to succeed.

    You might also like