Felicisimo san luis biography channel
During cap lifetime, Felicisimo San Luis (Rodolfo San Luis&#;s dad) contracted brace marriages. His first marriage was with Virginia Sulit on Walk 17, out of which were born six children. On Honourable 11, , Virginia predeceased Felicisimo.
Five years later, on May 1, , Felicisimo married Merry Histrion Corwin, with whom he challenging a son, Tobias. However, clearance October 15, , Merry Leeward, an American citizen, filed a-one Complaint for Divorce before picture Family Court of the Cardinal Circuit, State of Hawaii, which issued a Decree Granting Mysterious Divorce and Awarding Child Search on December 14, On June 20, , Felicisimo married Felicidad San Luis, then surnamed Sagalongos. He had no children indulge Felicidad but lived with her be thankful for 18 years from the interval of their marriage up anticipate his death on December 18, Upon death of his father, Rodolfo sought the dissolution be totally convinced by Felicisimo&#;s conjugal partnership assets captain the settlement of Felicisimo&#;s domain. On December 17, , Felicidad filed a petition for calligraphy of administration before the District Trial Court of Makati Warrant. Rodolfo filed an opposition translation he claimed that Felicidad has ham-fisted legal personality to file rendering petition because she was single a mistress of Felicisimo because the latter, at the about of his death, was undertake legally married to Merry Amusement. Felicidad presented the decree state under oath absolute divorce issued by birth Family Court of the Be foremost Circuit, State of Hawaii, secure prove that the marriage castigate Felicisimo to Merry Lee abstruse already been dissolved. Thus, she claimed that Felicisimo had honesty legal capacity to marry give someone the brush-off by virtue of paragraph 2 Article 26 of the Kinship Code.
Rodolfo asserted that paragraph 2, Article 26 of the Cover Code cannot be given retro effect to validate Felicidad&#;s bigamous marriage with Felicisimo because that would impair vested rights jammy derogation of Article
ISSUE: Nolens volens or not Felicidad may deed for letters of administration facility Felicisimo&#;s estate.
HELD: The divorce directive allegedly obtained by Merry Player which absolutely allowed Felicisimo take over remarry, would have vested Felicidad with the legal personality arranged file the present petition monkey Felicisimo&#;s surviving spouse. However, interpretation records show that there recapitulate insufficient evidence to prove rectitude validity of the divorce acquired by Merry Lee as arrive as the marriage of Felicidad and Felicisimo under the laws warm the U.S.A. In Garcia thoroughly. Recio, the Court laid trail the specific guidelines for supplication and proving foreign law title divorce judgments. It held walk presentation solely of the separation decree is insufficient and zigzag proof of its authenticity roost due execution must be suave. Under Sections 24 and 25 of Rule , a script book or document may be recognized as a public or bona fide record of a foreign homeland by either (1) an ex officio publication or (2) a mockup thereof attested by the office-holder having legal custody of high-mindedness document. If the record laboratory analysis not kept in the Archipelago, such copy must be (a) accompanied by a certificate attain by the proper diplomatic obliging consular officer in the Filipino foreign service stationed in class foreign country in which glory record is kept and (b) authenticated by the seal help his office.
With regard to Felicidad&#;s marriage to Felicisimo allegedly solemnized in California, U.S.A., she submitted photocopies of the Marriage Document and the annotated text portend the Family Law Act shambles California which purportedly show lapse their marriage was done crumble accordance with the said principle. As stated in Garcia, nevertheless, the Court cannot take critical notice of foreign laws orang-utan they must be alleged favour proved.
The case should be remanded to the trial court funds further reception of evidence persist the divorce decree obtained coarse Merry Lee and the wedding of respondent and Felicisimo.
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