Armas Calisterio vs.

Calisterio
G.R. No. 136467 / April 6, 2000

Topic: Under the Civil Code, second marriage contracted by a person

without securing a judicial declaration of presumptive death of his/her
former spouse is valid, thus, he/she may inherit to his/her second spouse.

FACTS: Teodorico died intestate and was survived by his wife, Marietta.
Teodorico was the second husband of Marietta who had been previously married
to James, who disappeared without a trace. Teodorico and Marietta were married
without having secured a court declaration that James was presumptively dead.
Antonia, surviving sister of Teodorico, claiming to be sole surviving heir of
Teodorico, alleged that the marriage between Teodorico and Marieta was
bigamous and thus, null and void. The RTC ruled that the marriage between
Marietta and teoderico is void; hence, Antonia was declared as the sole heir of
teoderico. The CA reversed the RTC decision.

ISSUE: Whether or not the marriage between deceased Teodorico and

Marietta is valid and thus, Marietta can inherit from Teodorico.

Held:

The second marriage, having been contracted during the regime of the
Civil Code, is valid notwithstanding the absence of a judicial declaration of
presumptive death of James.xxxThe conjugal property of Teodorico and Marietta,
no evidence having been adduced to indicate another property regime between
the spouses, pertains to them in common. Upon the dissolution with the death of
Teodorico, the property should be divided into 2 equal portions: one portion to the
surviving spouse and the other portion to the estate of the deceased spouse.

The successional right in intestacy of a surviving spouse over the net

estate of the deceased, concurring with the legitimate brothers and sisters or
nephews and nieces (the latter by right of representation), is of the inheritance,
the brothers and sisters or nephews and nieces, being entitled to the other half.
Brothers and sisters exclude nephews and nieces except only in representation
by the latter of their parents who predeceased or are incapacitated to succeed.