Queta Vs Dandan
Queta Vs Dandan
Arturos
brother
also
opposed
such
ISSUE:
1.)
2.)
4.)
Blandina inherit?
5.)
petitioner
CA RULING:
CA's decision to remand the case to the court of origin for
further proceeding - If there is a controversy before the court
as to who are the lawful heirs of the deceased person or as
to the distributive shares to which each person is entitled
under the law, the controversy shall be heard and decided
as in ordinary cases.
CA declared null and void, bigamous marriage of Blandina
and Arturo CA ordered to modify decision by granting 1/2 net hereditary
estate to the Padlan children instead of Ruperto Padlan as
interstate heirs
HELD:
1.)
The implication is that petitioner was no longer a Filipino citizen at the time
of her divorce from Arturo. According to SC, this should have prompted the trial
court to conduct a hearing to establish her citizenship. The purpose of a hearing
is to ascertain the truth of the matters in issue with the aid of documentary and
testimonial evidence as well as the arguments of the parties either supporting or
opposing the evidence. Instead, the lower court perfunctorily settled her claim in
her favor by merely applying the ruling in Tenchavez v. Escao.
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.
Petition is denied.
CA's decision to remand the case to the court of origin was
affirmed by SC - remand's purpose is for further proceedings
to be declared null and void it's decision to hold petitioner FE
QUITA = AFFIRMED
CA's order to modify decision by granting 1/2 net hereditary
estate to the Padlan children instead of Ruperto Padlan as
interstate heirs = AFFIRMED
The Court however emphasizes that the reception of evidence by
the trial court should he limited to the hereditary rights of
petitioner as the surviving spouse of Arturo Padlan.