Quita Vs CA

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G.R. No.

124862 December 22, 1998

FE D. QUITA, petitioner,
vs.
COURT OF APPEALS and BLANDINA DANDAN, * respondents.

facts

FE D. QUITA and Arturo T. Padlan, both Filipinos, were married in the Philippines on 18 May
1941. They were not however blessed with children. Somewhere along the way their
relationship soured. Eventually Fe sued Arturo for divorce in San Francisco, California, U.S.A.
She submitted in the divorce proceedings a private writing dated 19 July 1950 evidencing their
agreement to live separately from each other and a settlement of their conjugal properties. On
23 July 1954 she obtained a final judgment of divorce. Three (3) weeks thereafter she married a
certain Felix Tupaz in the same locality but their relationship also ended in a divorce. Still in the
U.S.A., she married for the third time, to a certain Wernimont.

Arturo died leaving no will. On August 31, 1972, Lino Javier Inciong filed a petition with the RTC
for issuance of letters of administration concerning the estate of Arturo in favor of the Philippine
Trust Company. Respondent Blandina Dandan, claiming to be the
surviving spouse of Arturo Dandan and the surviving children, all surnamed Padlan, opposed
the petition. The RTC expressed that the marriage between Antonio and petitioner subsisted
until the death of Arturo in 1972, that the marriage existed between private respondent
and Arturo was clearly void since it was celebrated during the existence of his previous
marriage to petitioner. The Court of Appeals remanded the case to the trial court for further
proceedings.
Issue: Whether or not the marriage of Blandina Dandan and Arturo Padlan is valid?
Decision: No. Blandina and Arturo were married on 22 April 1947 while the prior marriage of
petitioner and Arturo was subsisting thereby resulting in a bigamous marriage considered void
from the beginning under Arts. 80 and 83 of the Civil Code. Consequently, she is not a surviving
spouse that can inherit from him as this status presupposes a legitimate relationship.

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