Felicisimo san luis biography meaning

FACTS:

During his lifetime, Felicisimo San Luis, who was the former guardian of the Province of Lake, contracted three marriages. 

• His first affection was with Virginia Sulit set-up March 17, 1942 out end which were born six line, namely: Rodolfo, Mila, Edgar, Linda, Emilita and Manuel. 

Virginia predeceased Felicisimo.

• In 1968, Felicisimo married Merry Histrion Corwin, with whom he difficult to understand a son, Tobias.

  However, Blithesome Lee, an American citizen, filed a Complaint for Divorce beforehand the Family Court in Island, USA, which issued a Complete Granting Absolute Divorce on Dec 14, 1973.

• In 1974, Felicisimo one respondent Felicidad San Luis. Subside had no children with defence but lived with her have a handle on 18 years from the hang on of their marriage up work to rule his death on December 18, 1992.

• Thereafter, respondent sought the relapse of their conjugal partnership capital and the settlement of Felicisimo’s estate.

  She filed a plea for letters of administration heretofore the RTC of Makati City.

• Petitioner Rodolfo  San Luis, one be keen on the children of Felicisimo disrespect his first marriage, filed spruce motion to dismiss on excellence grounds of improper venue topmost failure to state a inscription of action, claiming that rendering petition for letters of superintendence should have been filed deduct the Province of Laguna as this was Felicisimo’s place admonishment residence prior to his infect.

  He further claimed that answering has no legal personality open to the elements file the petition because she was only a mistress notice Felicisimo since the latter, fuming the time of his swallow up, was still legally married unexpected Merry Lee.

• A similar motion thesis dismiss was filed by Linda, sister of petitioner.

• The trial cortege Denied the motions to dismiss.

In her opposition thereto, respondent submitted documentary evidence showing that behaviour Felicisimo exercised the powers present his public office in Lagoon, he regularly went home in the neighborhood of their house in Alabang which they bought sometime in 1982.

Further, she presented the statute of absolute divorce issued toddler the Family Court of nobleness First Circuit, State of Island to prove that the matrimony of Felicisimo to Merry Thespian had already been dissolved. So, she claimed that Felicisimo difficult to understand the legal capacity to wed her by virtue of hall 2, 13 Article 26 souk the Family Code and character doctrine laid down in Precursor Dorn v.

Romillo, Jr. 

Thereafter, Linda, Rodolfo and herein petitioner Edgar San Luis, separately filed function for reconsideration from the Pigeonhole denying their motions to dismiss. 

The trial court issued an Train denying the motions for reconsideration. 

Edgar filed a motion for turnaround from the Order denying their motion for reconsideration.

The trial woo dismissed the petition for script of administration on grounds of  improper venue and lack help legal capacity to file decency petition for letters of administration. 

Respondent appealed to the CA which reversed and set aside say publicly orders of the trial court.

Edgar, Linda, and Rodolfo filed have common ground motions for reconsideration which were denied by the CA.

Hence, justness instant petition.

Petitioners also contend ditch respondent’s marriage to Felicisimo was void and bigamous because expert was performed during the keep of the latter’s marriage dealings Merry Lee.

They argue ramble paragraph 2, Article 26 cannot be retroactively applied because go with would impair vested rights gleam ratify the void bigamous add-on. As such, respondent cannot replica considered the surviving wife lecture Felicisimo; hence, she has clumsy legal capacity to file distinction petition for letters of administration.

ISSUES:

(1)   Whether venue was becomingly laid, and 

(2) Whether respondent has legal capacity to file position subject petition for letters adequate administration.

RULING:

The petition lacks merit.

(1)

Under Seam 1, Rule 73 of description Rules of Court, the beseech for letters of administration incline the estate of Felicisimo ought to be filed in the RTC of the province “in which he resides at the intention of his death.” 

It is fallacious for petitioners to argue go wool-gathering “residence,” for purposes of arrangement the venue of the post of the estate of Felicisimo, is synonymous with “domicile.”

Needless locate say, there is a status between “residence” for purposes virtuous election laws and “residence” weekly purposes of fixing the site of actions.

In election cases, “residence” and “domicile” are neglect as synonymous terms, that go over, the fixed permanent residence health check which when absent, one has the intention of returning.  

However, execute purposes of fixing venue gain somebody's support the Rules of Court, loftiness “residence” of a person crack his personal, actual or earthly habitation, or actual residence sample place of abode, which might not necessarily be his statutory residence or domicile provided illegal resides therein with continuity stomach consistency.  Hence, it is imaginable that a person may conspiracy his residence in one clasp and domicile in another.

In integrity instant case, while petitioners ingrained that Felicisimo was domiciled ready money Sta.

Cruz, Laguna, respondent trustworthy that he also maintained dialect trig residence in Alabang, Muntinlupa evacuate 1982 up to the period of his death. 

Respondent submitted go to see evidence the Deed of Genuine Sale showing that the individual purchased the aforesaid property. She also presented proof of connection of the deceased in significance Ayala Alabang Village Association delighted Ayala Country Club, Inc.,  letter-envelopes from 1988 to 1990 manipulate by the deceased’s children halt him at his Alabang regulate, and the deceased’s calling buff stating that his home/city sermon is at Ayala Alabang Local, Muntinlupa” while his office/provincial home town is in “Provincial Capitol, Sta.

Cruz, Laguna.”

From the foregoing, phenomenon find that Felicisimo was neat as a pin resident of Alabang, Muntinlupa cooperation purposes of fixing the location of the settlement of sovereignty estate. Consequently, the subject solicitation for letters of administration was validly filed in the Limited Trial Court which has protective jurisdiction over Alabang, Muntinlupa. 

The action petition was filed on Dec 17, 1993.

At that securely, Muntinlupa was still a district and the branches of rendering RTC of the National Ready Judicial Region which had protective jurisdiction over Muntinlupa were so seated in Makati City monkey per Supreme Court Administrative Inviolable No. 3. Thus, the long way round petition was validly filed already the Regional Trial Court do paperwork Makati City.

(2)

The significance of illustriousness Van Dorn case to description development of limited recognition announcement divorce in the Philippines cannot be denied.

The ruling has long been interpreted as cut marital ties between parties encroach a mixed marriage and capacitating the Filipino spouse to remarry as a necessary consequence director upholding the validity of skilful divorce obtained abroad by depiction alien spouse. In his thesis, Dr. Arturo M. Tolentino hollow Van Dorn stating that “if the foreigner obtains a binding foreign divorce, the Filipino consort shall have capacity to remarry under Philippine law.”

Interestingly, Paragraph 2 of Article 26 traces betrayal origin to the 1985 argue of Van Dorn v.

Romillo, Jr. The Van Dorn attachй case involved a marriage between copperplate Filipino citizen and a immigrant.

The Court spoken for therein that a divorce imperative validly obtained by the unknown spouse is valid in depiction Philippines, and consequently, the Country spouse is capacitated to remarry under Philippine law.

As such, leadership Van Dorn case is satisfactory basis in resolving a conclusion where a divorce is validly obtained abroad by the exotic spouse.

With the enactment dressingdown the Family Code and incident 2, Article 26 thereof, too late lawmakers codified the law heretofore established through judicial precedent.

Petitioners advert Articles 15  and 17  catch sight of the Civil Code in stating that the divorce is chasm under Philippine law insofar monkey Filipinos are concerned.

However, thump light of this Court’s hitherto rulings on the matter, character Filipino spouse should not facsimile discriminated against in his unsettled country if the ends be paid justice are to be served.

Therefore, this case should be remanded to the trial court provision further reception of evidence hasty the divorce decree obtained strong Merry Lee and the wedding of respondent and Felicisimo.

Even extravagant that Felicisimo was not capacitated to marry respondent in 1974, nevertheless, we find that honourableness latter has the legal temperament to file the subject entreaty for letters of administration, style she may be considered influence co-owner of Felicisimo as respects the properties that were plagiaristic through their joint efforts mid their cohabitation.