Quinajon, Elieann Mae P.

Edgar San Luis v Felicidad Sagalongos

[Divorce Art 26 Par 2]

EDGAR SAN LUIS, Petitioner,

vs.
FELICIDAD SAN LUIS, Respondent.

G.R. No. 134029 February 6, 2007

Ponente: YNARES-SANTIAGO, J.

Facts:

This case involves settlement of the former governor of Province Of Laguna, Felicisimo T. San Luis, who
contracted three marriages with 1.) Virginia Sulit on March 17, 1942 out of which were born 6 children,
Rodolfo, Mila, Edgar, Linda, Emilita and Manuel. Virginia died before Felicisimo did on Aug 11, 1963. 2.)
with Merry Lee Corwin, an American citizen on May 1,1968 but later obtained an Absolute Divorce
Decree and Child Custody by the Family Court of the First Circuit, State of Hawaii, United States of
America (U.S.A.) on December 14, 1973 and 3.) With Felicidad Sangolos San Luis before Rev. Fr. William
Meyer, Minister of the United Presbyterian at Wilshire Boulevard, Los Angeles, California, U.S.A who
stayed with Felicisimo for 18 years until he died on December 18, 1992. He had no children with her.

Thereafter, respondent, Felicidad San Luis sought to dissolute her conjugal partnership assets and
settlement of Felicisimos estate. On December 17, 1993, she filed a petition for letters of administration
8 before the Regional Trial Court of Makati City, docketed as SP. Proc. No. M-3708 which was raffled to
Branch 146 thereof. On 1994, Rodolfo filed a motion to dismiss on the ground of improper venue and
failure to state cause of action. He further contested that Felicidad has no legal capacity and that the
marriage with Merry Lee was still valid at the the time of Felicisimos death.

Issue:

Whether or not Merry Lee obtained a valid divorce decree with Felicisimo and whether or not the court
can apply Article 26 (2) retroactively to Felicidads capacity
Decision:

Merry Lees divorce decree to Felicisimo was compared by the court to Van Dorn v Romillo, Jr., wherein
it involves a marriage between an alien spouse and a Filipino wife who obtained a divorce decree abroad
by the latter. Alien spouse claimed that the divorce was not valid under Philippine law. However, it was
held that their divorce decree abroad was recognized under the Philippine law. Furthermore, the
decision was supported by the EO no. 227 amending articles in the Family Code including Article 26
which now reads as Where a marriage between a Filipino citizen and a foreigner is validly celebrated
and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to
remarry, the Filipino spouse shall have capacity to remarry under Philippine law. Thus, respondents
marriage to Felicisimo was held valid and that respondent has a legal capacity to file a petition of letters
for administration as the surviving spouse and co-owner of the deceased.