San Luis vs. San Luis514 SCRA 294 February 6, 2007

Facts

FELICISIMO SAN LUIS contracted 3 marriages:1. VIRGINIA SULIT: had 6 children, died before he did in 19632. MERRY LEE CORWIN: American citizen, had son Tobias, Filed a complaint for divorce before family

court of the first circuit, state of Hawaii, U.S.A which was granted absolute divorce and awarding child custody on 1973

3. FELICIDAD SAGALONGOS SAN LUIS: married before a Presbyterian Church in California in 1974, lived with him for 18 years from the time of their marriage up to his death on December 1992 in Alabang.

Felicidad filed for DISSOLUTION OF CONJUGAL PARTNERSHIP ASSETS AND SETTLEMENT OF FELICISIMO'S ESTATE, filing for a letter of administration before RTC Makati. petition was appealed by petitoners Felicisimo's children for no legal personality to sue: Felicidad is only a mistress and marriage to Merry Lee was still valid. It was denied but Felicidad still filed Opposition showing evidence of the Decree of absolute divorce by Hawaii dissolving the marriage of Felicisimo to Merry Lee - to prove capacity to sue

Issue: Whether or not Felicidad had legal capacity to file the petition for letters of administration.

Ruling:Yes. even if family code not applied retroactively, Van Dorn v. Romillo (1985) sufficiently provides the legal basis for holding valid divorce obtained by an alien spouse against the Filipino spouse. it look at the legislative intent of FC provision assailed, it was based on the Van Dorn ruling which validates a divorce decree obtained by an alien spouse, thus capacitating the Filipino spouse to remarry again. However, as the marriage between Felicidad and Felicisimo was not sufficiently proven, remand the case to RTC

Wherefore, petition denied, case remanded to trial court for proceedings.