Edgar San Luis vs Felicidad San Luis

​G.R. NO. 133743    February 6, 2007
Edgar San Luis, Petitioner              vs
Felicidad San Luis, Respondents.
 
 
G.R. NO. 133743    February 6, 2007
Rodolfo San Luis, Petitioner              vs
Felicidad Sagalongos alias Felicidad San Luis, Respondents.
 
 
 
Facts:
 Felicisimo T. San Luis was the former governor of the Province of Laguna. He contracted three marriages. His first was with Virginia Sulit on March 17, 1942 out of which were born six children, but Virginia died on 1963. On May 1, 1968, He married Merry Lee Corwin, with whom he had a son. But on October 15, 1971, Merry Lee, an American citizen, filed a Complaint for Divorce at State of Hawaii which issued a Decree Granting Absolute Divorce and Awarding Child Custody of December 14, 1973. On June 20, 1974, He married Felicidad Sagalongos. He had no children but lived with her for 18 years from the time of their marriage up to his death on December 18, 1992. Felicidad sought the dissolution of their conjugal partnership assets and the settlement of Felicisimo’s estate, filing a letter of administration before RTC Makati. Rodolfo filed a motion to dismiss on the ground of improper venue and failure to state a cause of action. Further claimed that Felicidad has no legal personality to file the petition because she only a mistress of his father because at the time of death, he was still married to his second wife. Felicidad presented the evidence that prove the marriage of Felicisimo to Merry lee had already been dissolved. And she claimed that Felicisimo had the capacity to marry her by virtue of par. 2 Article 26 of the family code.
Issue:
Whether or not Felicidad my file for letters of administration over Felicisimo’s state.
Ruling:
Yes, Felicidad has the legal capacity to file the subject petition for letters of administration may arise from her status that as a surviving wife of Felicisimo or his co-owner under the Art. 144 of the Civil code.
Even assuming that Felicisimo was not capacitated to marry the respondent in 1974, the latter has the legal personality to file the subject petition for letters of administration, as he may be considered the co-owner of Felicisimo as regards that were acquired through their joint efforts during their cohabitation.