Spec Pro Class 2020

Facts:

 

This is a consolidated petition for review assailing the decision of the Court of Appeals involving the settlement of the estate of Felicisimo T. San Luis.

 

The former governor of Laguna, San Luis contracted three marriages. First, with Virginia Sulit, and born six (6) children: Rodolfo, Mila, Edgar, Linda, Emelita and Manuel. Second, with Merry Lee, with whom he had a child named Tobias. Third, was with the respondent Felicidad Sagalongos, they had no children but lived together for 18 years until the death of the former governor.

 

Felicidad, after the death of Felicisimo sought for the dissolution of their conjugal partnership assets and the settlement of the estate of the latter. Also, she filed for letters of administration.

Petitioners, children of Felicisimo on the first marriage opposed and move to dismiss the petition filed by respondent alleging that Felicisimo was not legally capacitated to marry at the time the latter married Felicidad, questioning the legal personality of the respondent.

 

The court a quo, ruled in favor of petitioners on the ground that at the time of Felicisimo's death, he is the duly elected governor of Laguna and a resident thereof, hence the petition should have been filed at Sta Cruz, Laguna; and that the respondent Felicidad is without legal capacity.

 

Felicidad moved to reconsider and for the disqualification of the presiding judge but her motions were denied.

 

Respondent Felicidad appealed to the Court of Appeals which reversed and set aside the orders of the trial court. Hence this petition.

 

Issue:

 

Whether or not the respondent has the legal capacity to file the subject petition for letters of administration.

 

Ruling:

 

Yes. Even assuming that Felicisimo was not capacitated to marry respondent in 1974, nevertheless, we find that the latter has the legal personality to file the subject petition for letters of administration, as she may be considered the co-owner of Felicisimo as regards the properties that were acquired through their joint efforts during their cohabitation.

 

Section 2., Rule 79 provides in part: "A petition for letters of administration must be filed by an interested person and must show, as far as known to the petitioner.x x x.

 

An "interested person" has been defined as one who would be benefited by the estate, such as an heir, or one who has a claim against the estate, such as a creditor. The interest must be material and direct, and not merely direct or contingent. In the instant case, respondent would qualify as an interested person who has a direct interest in the estate of Felicisimo by virtue of their cohabitation, the existence of which was not denied by the petitioners.

 

The court finds the respondent's legal capacity to file the subject petition for letters of administration may arise from her status as the surviving wife of Felicisimo or as his co-ownner under the Civil Code or the Family Code.