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Philippine Supreme Court Jurisprudence > Year 1998 > December 1998 Decisions > G.R. No. 124862 December
22, 1998 - FE D. QUITA v. COURT OF APPEALS, ET AL.:
SECOND DIVISION
DECISION
BELLOSILLO, J.:
FE D. QUITA and Arturo T. Padlan, both Filipinos, were married in the Philippines on 18 May 1941. They
were not however blessed with children. Somewhere along the way their relationship soured. Eventually
Fe sued Arturo for divorce in San Francisco, California, U.S.A. She submitted in the divorce proceedings a
private writing dated 19 July 1950 evidencing their agreement to live separately from each other and a
settlement of their conjugal properties. On 23 July 1954 she obtained a final judgment of divorce. Three
(3) weeks thereafter she married a certain Felix Tupaz in the same locality but their relationship also
ended in a divorce. Still in the U.S.A., she married for the third time, to a certain Wernimont. chanroblesvirtual|awlibrary
On 16 April 1972 Arturo died. He left no will. On 31 August 1972 Lino Javier Inciong filed a petition with
the Regional Trial Court of Quezon City for issuance of letters of administration concerning the estate of
Arturo in favor of the Philippine Trust Company. Respondent Blandina Dandan (also referred to as
Blandina Padlan), claiming to be the surviving spouse of Arturo Padlan, and Claro, Alexis, Ricardo,
Emmanuel, Zenaida and Yolanda, all surnamed Padlan, named in the petition as surviving children of
DebtKollect Company, Inc. Arturo Padlan, opposed the petition and prayed for the appointment instead of Atty. Leonardo Cabasal,
which was resolved in favor of the latter. Upon motion of the oppositors themselves, Atty. Cabasal was
later replaced by Higino Castillon. On 30 April 1973 the oppositors (Blandina and the Padlan children)
submitted certified photocopies of the 19 July 1950 private writing and the final judgment of divorce
between petitioner and Arturo. Later Ruperto T. Padlan, claiming to be the sole surviving brother of the
deceased Arturo, intervened.
On 7 October 1987 petitioner moved for the immediate declaration of heirs of the decedent and the
distribution of his estate. At the scheduled hearing on 23 October 1987, private respondent as well as the
six (6) Padlan children and Ruperto failed to appear despite due notice. On the same day, the trial court
required the submission of the records of birth of the Padlan children within ten (10) days from receipt
thereof, after which, with or without the documents, the issue on the declaration of heirs would be
considered submitted for resolution. The prescribed period lapsed without the required documents being
submitted.
The trial court invoking Tenchavez v. Escaño 1 which held that "a foreign divorce between Filipino citizens
sought and decreed after the effectivity of the present Civil Code (Rep. Act 386) was not entitled to
recognition as valid in this jurisdiction," 2 disregarded the divorce between petitioner and Arturo.
Consequently, it expressed the view that their marriage subsisted until the death of Arturo in 1972.
Neither did it consider valid their extrajudicial settlement of conjugal properties due to lack of judicial
approval. 3 On the other hand, it opined that there was no showing that marriage existed between
ChanRobles Intellectual Property private respondent and Arturo, much less was it shown that the alleged Padlan children had been
Division acknowledged by the deceased as his children with her. As regards Ruperto, it found that he was a
brother of Arturo. On 27 November 1987 4 only petitioner and Ruperto were declared the intestate heirs
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9/24/2019 G.R. No. 124862 December 22, 1998 - FE D. QUITA v. COURT OF APPEALS, ET AL. : DECEMBER 1998 - PHILIPPINE SUPREME COURT JUR…
of Arturo. Accordingly, equal adjudication of the net hereditary estate was ordered in favor of the two
intestate heirs. 5
On motion for reconsideration, Blandina and the Padlan children were allowed to present proofs that the
recognition of the children by the deceased as his legitimate children, except Alexis who was recognized
as his illegitimate child, had been made in their respective records of birth. Thus on 15 February 1988 6
partial reconsideration was granted declaring the Padlan children, with the exception of Alexis, entitled to
one-half of the estate to the exclusion of Ruperto Padlan, and petitioner to the other half. 7 Private
respondent was not declared an heir. Although it was stated in the aforementioned records of birth that
she and Arturo were married on 22 April 1947, their marriage was clearly void since it was celebrated
during the existence of his previous marriage to petitioner.
In their appeal to the Court of Appeals, Blandina and her children assigned as one of the errors allegedly
committed by the trial court the circumstance that the case was decided without a hearing; in violation of
Sec. 1, Rule 90, of the Rules of Court, which provides that 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.
Respondent appellate court found this ground alone sufficient to sustain the appeal; hence, on 11
September 1995 it declared null and void the 27 November 1987 decision and 15 February 1988 order of
the trial court, and directed the remand of the case to the trial court for further proceedings. 8 On 18
April 1996 it denied reconsideration. 9
Should this case be remanded to the lower court for further proceedings? Petitioner insists that there is
no need because, first, no legal or factual issue obtains for resolution either as to the heirship of the
Padlan children or as to their respective shares in the intestate estate of the decedent; and, second, the
issue as to who between petitioner and private respondent is the proper heir of the decedent is one of
law which can be resolved in the present petition based on established facts and admissions of the
parties.
We cannot sustain petitioner. The provision relied upon by respondent courts is clear: 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. chanrobles virtual lawlibrary
We agree with petitioner that no dispute exists either as to the right of the six (6) Padlan children to
inherit from the decedent because there are proofs that they have been duly acknowledged by him and
December-1998 Jurisprudence petitioner herself even recognizes them as heirs of Arturo Padlan; 10 nor as to their respective hereditary
shares. But controversy remains as to who is the legitimate surviving spouse of Arturo. The trial court,
after the parties other than petitioner failed to appear during the scheduled hearing on 23 October 1987
of the motion for immediate declaration of heirs and distribution of estate, simply issued an order
[G.R. No. 126518 : December 02, 1998] PEOPLE OF requiring the submission of the records of birth of the Padlan children within ten (10) days from receipt
THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. thereof, after which, with or without the documents, the issue on declaration of heirs would be deemed
RODELIO BUGAYONG, ACCUSED-APPELLANT. submitted for resolution.
[G.R. No. 122629 : December 02, 1998] PEPSI We note that in her comment to petitioner’s motion private respondent raised, among others, the issue
COLA PRODUCTS PHILS., INC., PETITIONER, VS.
as to whether petitioner was still entitled to inherit from the decedent considering that she had secured a
COURT OF APPEALS, HON. SIXTO MARELLA, JR., SPS.
divorce in the U.S.A. and in fact had twice remarried. She also invoked the above quoted procedural rule.
EDGARDO DE VERA AND SALVACION LOCSIN DE VERA
AND ANNA A. LOCSIN, RESPONDENTS.
11 To this, petitioner replied that Arturo was a Filipino and as such remained legally married to her in
spite of the divorce they obtained. 12 Reading between the lines, the implication is that petitioner was no
[G.R. No. 80849 : December 02, 1998] STA. INES longer a Filipino citizen at the time of her divorce from Arturo. This should have prompted the trial court
MELALE FOREST PRODUCTS CORPORATION, to conduct a hearing to establish her citizenship. The purpose of a hearing is to ascertain the truth of the
PETITIONER, VS. HON. CATALINO MACARAIG, JR., matters in issue with the aid of documentary and testimonial evidence as well as the arguments of the
EXECUTIVE SECRETARY, OFFICE OF THE PRESIDENT; parties either supporting or opposing the evidence. Instead, the lower court perfunctorily settled her
HON. SAMILO N. BARLONGAY, ACTING DEPUTY claim in her favor by merely applying the ruling in Tenchavez v. Escaño.
EXECUTIVE SECRETARY, OFFICE OF THE PRESIDENT;
HON. SECRETARY OF NATURAL RESOURCES; HON. Then in private respondent’s motion to set aside and/or reconsider the lower court’s decision she
DIRECTOR OF BUREAU OF FOREST DEVELOPMENT; stressed that the citizenship of petitioner was relevant in the light of the ruling in Van Dorn v. Romillo Jr.
AGUSAN WOOD INDUSTRIES, INC. ANDÂ KALILID
13 that aliens may obtain divorces abroad, which may be recognized in the Philippines, provided they are
WOOD INDUSTRIES, INC. RESPONDENTS. [G.R. NO.
valid according to their national law. She prayed therefore that the case be set for hearing. 14 Petitioner
81114 : DECEMBER 2, 1998] STA. INES MELALE
FOREST PRODUCTS CORPORATION, PETITIONER, VS.
opposed the motion but failed to squarely address the issue on her citizenship. 15 The trial court did not
HON. VICENTE A. HIDALGO, IN HIS CAPACITY AS grant private respondent’s prayer for a hearing but proceeded to resolve her motion with the finding that
PRESIDING JUDGE, REGIONAL TRIAL COURT OF both petitioner and Arturo were "Filipino citizens and were married in the Philippines." 16 It maintained
AGUSAN DEL NORTE BUTUAN CITY, BRANCH V, THE that their divorce obtained in 1954 in San Francisco, California, U.S.A., was not valid in Philippine
PROVINCIAL SHERIFF OF AGUSAN DEL NORTE jurisdiction. We deduce that the finding on their citizenship pertained solely to the time of their marriage
BUTUAN CITY AND KALILID WOOD INDUSTRIES as the trial court was not supplied with a basis to determine petitioner’s citizenship at the time of their
CORPORATION, RESPONDENTS. divorce. The doubt persisted as to whether she was still a Filipino citizen when their divorce was decreed.
The trial court must have overlooked the materiality of this aspect. Once proved that she was no longer a
[G.R. No. 129079 : December 02, 1998] REPUBLIC Filipino citizen at the time of their divorce, Van Dorn would become applicable and petitioner could very
OF THE PHILIPPINES REPRESENTED BY THE well lose her right to inherit from Arturo.
DEPARTMENT OF TRADE AND INDUSTRY,
PETITIONER, VS. HON. LUCENITO N. TAGLE,
Respondent again raised in her appeal the issue on petitioner’s citizenship; 17 it did not merit
PRESIDING JUDGE OF RTC, IMUS, CAVITE, BRANCH
20; AND HELENA Z. BENITEZ, RESPONDENTS.
enlightenment however from petitioner. 18 In the present proceeding, petitioner’s citizenship is brought
anew to the fore by private Respondent. She even furnishes the Court with the transcript of stenographic
[G.R. No. 129584 : December 03, 1998] TRIPLE notes taken on 5 May 1995 during the hearing for the reconstitution of the original of a certain transfer
EIGHT INTEGRATED SERVICES, INC., PETITIONER, certificate title as well as the issuance of new owner’s duplicate copy thereof before another trial court.
VS. NATIONAL LABOR RELATIONS COMMISSION, When asked whether she was an American citizen petitioner answered that she was since 1954. 19
HON. LABOR ARBITER POTENCIANO S. CANIZARES, Significantly, the decree of divorce of petitioner and Arturo was obtained in the same year. Petitioner
JR. AND ERLINDA R. OSDANA, RESPONDENTS. however did not bother to file a reply memorandum to erase the uncertainty about her citizenship at the
time of their divorce, a factual issue requiring hearings to be conducted by the trial court. Consequently,
[G.R. No. 127276 : December 03, 1998] respondent appellate court did not err in ordering the case returned to the trial court for further
DASMARIÑAS VILLAGE ASSOCIATION,INC., proceedings.
BERNARDO LICHAYTOO, ANTONIO P. TAMBUNTING,
cralawnad
RESPONDENTS.
Puno, Mendoza and Martinez, JJ., concur.
[G.R. No. 127393 : December 04, 1998] SPOUSES
VALENTINO ORTIZ AND CAMILLA MILAN ORTIZ,
PETITIONERS, VS. COURT OF APPEALS AND SPOUSES Endnotes:
FRANCISCO AND BERNARDINA RODRIGUEZ,
RESPONDENTS.
[G.R. No. 109148 : December 04, 1998] PEOPLE OF 21. Rollo, pp. 129-132.
THE PHILIPPINES, PLAINTIFF-APPELLEE, VS.
ERNESTO BELO, ACCUSED-APPELLANT. 22. Professional Regulation Commission v. Court of Appeals, G.R. No. 117817, 9 July 1998.
[G.R. No. 130716 : December 09, 1998]
FRANCISCO I. CHAVEZ, PETITIONER, VS.
PRESIDENTIAL COMMISSION ON GOOD
GOVERNMENT (PCGG) AND MAGTANGGOL
GUNIGUNDO, (IN HIS CAPACITY AS CHAIRMAN OF
THE PCGG), RESPONDENTS. GLORIA A. JOPSON,
Back to Home | Back to Main
CELNAN A. JOPSON, SCARLET A. JOPSON, AND
TERESA A. JOPSON, PETITIONERS-IN-
INTERVENTION.
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[G.R. No. 127529 : December 10, 1998] PEPSI
COLA PRODUCTS PHILIPPINES, INC. (FORMERLY
PEPSI COLA BOTTLING CO.), PETITIONER, VS.
NATIONAL LABOR RELATIONS COMMISSION AND 1901 1902 1903 1904 1905 1906 1907 1908
RENE ESTILO, RESPONDENTS.
1909 1910 1911 1912 1913 1914 1915 1916
[G.R. No. 119092 : December 10, 1998] SANITARY 1917 1918 1919 1920 1921 1922 1923 1924
STEAM LAUNDRY, INC., PETITIONER, VS. THE COURT
OF APPEALS, NICANOR BERNABE III, JOSEFINA 1925 1926 1927 1928 1929 1930 1931 1932
BERNABE, IN THEIR INDIVIDUAL CAPACITIES AND 1933 1934 1935 1936 1937 1938 1939 1940
AS HEIRS OF JASON BERNABE, JOHN JOSEPH
BERNABE, VICTOR IGNACIO, JULIETA ENRIQUEZ AND 1941 1942 1943 1944 1945 1946 1947 1948
RAMON ENRIQUEZ, RENE TABLANTE, LEOMAR 1949 1950 1951 1952 1953 1954 1955 1956
MACASPAC, JR., CHARITO ESTOLANO, NENITA
SALUNOY, IN THEIR INDIVIDUAL CAPACITIES AND 1957 1958 1959 1960 1961 1962 1963 1964
AS HEIRS OF DALMACIO SALUNOY, RESPONDENTS. 1965 1966 1967 1968 1969 1970 1971 1972
[G.R. NO. 90301 : December 10, 1998] THE PEOPLE 1973 1974 1975 1976 1977 1978 1979 1980
OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. 1981 1982 1983 1984 1985 1986 1987 1988
JUANCHO GATCHALIAN, ACCUSED-APPELLANT.
1989 1990 1991 1992 1993 1994 1995 1996
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G.R. Nos. 80849 & 81114 December 2, 1998 - STA. 2013 2014 2015 2016 2017 2018
INES MELALE FOREST PRODUCTS, CORP. v. CATALINO
MACARAIG, JR. ET AL.
G.R. No. 122629 December 2, 1998 - PCPPI v. Main Indices of the Library ---> Go!
COURT OF APPEALS, ET AL.
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