Vda. de Catalan v. Catalan-Lee
Vda. de Catalan v. Catalan-Lee
*
MEROPE ENRIQUEZ VDA. DE CATALAN, petitioner, vs.
LOUELLA A. CATALAN-LEE, respondent.
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* SECOND DIVISION.
488
488 SUPREME COURT REPORTS ANNOTATED
489
RESOLUTION
SERENO, J.:
Before us is a Petition for Review assailing the Court of
Appeals (CA) Decision1 and Resolution2 regarding the
issuance of letters of administration of the intestate estate
of Orlando B. Catalan.
The facts are as follows:
Orlando B. Catalan was a naturalized American citizen.
After allegedly obtaining a divorce in the United States
from his first wife, Felicitas Amor, he contracted a second
marriage with petitioner herein.
On 18 November 2004, Orlando died intestate in the
Philippines.
Thereafter, on 25 February 2005, petitioner filed with
the Regional Trial Court (RTC) of Burgos, Pangasinan a
Petition for the issuance of letters of administration for her
appointment as administratrix of the intestate estate of
Orlando. The case was docketed as Special Proceedings
(Spec. Proc.) No. 228.
On 3 March 2005, while Spec. Proc. No. 228 was
pending, respondent Louella A. Catalan-Lee, one of the
children of Orlando from his first marriage, filed a similar
petition with the RTC docketed as Spec. Proc. No. 232.
The two cases were subsequently consolidated.
Petitioner prayed for the dismissal of Spec. Proc. No. 232
on the ground of litis pendentia, considering that Spec.
Proc. No. 228 covering the same estate was already
pending.
On the other hand, respondent alleged that petitioner
was not considered an interested person qualified to file a
petition
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1 Penned by Associate Justice Amelita G. Tolentino, with Associate
Justices Lucenito N. Tagle and Ramon R. Garcia, concurring; Rollo, pp.
20-30.
2 Id., at p. 49.
490
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3 Id., at pp. 38-45; penned by Judge Jules A. Mejia.
4 As narrated by the Court of Appeals on p. 3 of its Decision.
491
492
493
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5 Rollo, pp. 26-29.
6 Id., at pp. 31-36.
7 223 Phil. 357, 362; 139 SCRA 139, 143 (1985).
494
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8 399 Phil. 342, 355-356; 345 SCRA 592, 601-602 (2000).
9 418 Phil. 723, 723-735; 366 SCRA 437, 448-452 (2001).
495
496
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10 G.R. Nos. 133743 & 134029, 6 February 2007, 514 SCRA 294, 313-
314.
498