Scribd Logo
Upload

Welcome to Scribd!

  • 173 views

    Belen Sagad Angeles v. Aleli Angeles Maglaya

    Uploaded by

    Iaxe Guinsatao Abad
    Belen Sagad Angeles v. Aleli Angeles Maglaya concerns the administration of the estate of Francisco Angeles. Corazon Angeles-Maglaya claimed to be Francisco's sole legitimate heir as the child of Francisco and Genoveva Mercado. However, the court ruled against Corazon. There was no proof presented of a legal marriage between Francisco and Genoveva, such as a marriage certificate. As the surviving spouse, Belen should be named administrator over the next of kin, such as Corazon, who failed to prove she was a legitimate child and heir.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Belen Sagad Angeles v. Aleli Angeles Maglaya

    Uploaded by

    Iaxe Guinsatao Abad
    173 views2 pages
    Belen Sagad Angeles v. Aleli Angeles Maglaya concerns the administration of the estate of Francisco Angeles. Corazon Angeles-Maglaya claimed to be Francisco's sole legitimate heir as the child of Francisco and Genoveva Mercado. However, the court ruled against Corazon. There was no proof presented of a legal marriage between Francisco and Genoveva, such as a marriage certificate. As the surviving spouse, Belen should be named administrator over the next of kin, such as Corazon, who failed to prove she was a legitimate child and heir.

    Original Description:

    Legitimacy - Persons and Family Relations

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Belen Sagad Angeles v. Aleli Angeles Maglaya concerns the administration of the estate of Francisco Angeles. Corazon Angeles-Maglaya claimed to be Francisco's sole legitimate heir as the child of Francisco and Genoveva Mercado. However, the court ruled against Corazon. There was no proof presented of a legal marriage between Francisco and Genoveva, such as a marriage certificate. As the surviving spouse, Belen should be named administrator over the next of kin, such as Corazon, who failed to prove she was a legitimate child and heir.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    173 views2 pages

    Belen Sagad Angeles v. Aleli Angeles Maglaya

    Uploaded by

    Iaxe Guinsatao Abad
    Belen Sagad Angeles v. Aleli Angeles Maglaya concerns the administration of the estate of Francisco Angeles. Corazon Angeles-Maglaya claimed to be Francisco's sole legitimate heir as the child of Francisco and Genoveva Mercado. However, the court ruled against Corazon. There was no proof presented of a legal marriage between Francisco and Genoveva, such as a marriage certificate. As the surviving spouse, Belen should be named administrator over the next of kin, such as Corazon, who failed to prove she was a legitimate child and heir.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Belen Sagad Angeles v.

    Aleli Angeles Maglaya

    G.R. No. 153798, September 2, 2005

    Facts:
    Corazon Angeles-Maglaya, herein respondent, filed a petition for letters of administrator and her
    appointment as administrator of the intestate estate of Francisco Angeles. She claims that she is
    the sole legitimate heir of Francisco Angeles and Genoveva Mercado, and together with Belen
    Angeles, herein petitioner and 2nd wife of Francisco, they are the surviving heirs of the decedent.
    Franscisco died intestate in 1998 leaving behind 4 parcels of land and a building. Belen opposed
    this petition and prayed that she, instead of Corazon, be proclaimed the administrator of
    Francisco‘s estate. After establishing the circumstances of her marriage to Francisco(i.e. married
    before a Judge and ratified two months later in religious rites; Francisco presented himself to be
    single that time, Belen attacked the legitimacy of Corazon, saying that her birth certificate was
    not signed by Francisco. She has also failed to present the marriage contract between her parents,
    Francisco and Genoveva. Furthermore, Belen averred that she and Francisco legally adopted
    Concesa Yamat during their marriage. Trial court dismissed petition for lack of proof of filiation
    as legitimate child, but the Court of Appeals reversed this on the grounds that petitioner‘s motion
    being a demurrer (under Sec 1, Rule 33) thereby waived her right to present opposing evidence,
    and that respondent has sufficiently established her filiation.

    Issue:
    Whether or not Corazon is a legitimate child of Francisco and Genoveva.

    Held:
    The court ruled in the negative. Presumption of legitimacy may only be availed upon proof of the
    factual basis that child‘s parents were legally married and that his/her conception of birth
    occurred during the marriage. In the case at bar, there is no absolute proof of the decedent’s
    marriage to respondent‘s mother Genoveva. No marriage certificate or contract was offered in
    evidence. No solemnizing officer was called to witness. Also, respondent never questioned what
    would necessarily be a bigamous marriage between Belen and Francisco. In fact, in her petition,
    she alleged that petitioner is the ―surviving spouse‖ of the decedent. Respondent also filed a
    petition against the adoption of Consesa Yamat, alleging that as the legitimate child of Francisco,
    she should have been notified of the adoption proceedings. Since the lower court has ruled with
    finality that she is not legitimate since no proof has been given as to the marriage of her parents,
    this petition has become moot and academic. On the matter of administration, it should be noted
    that the surviving spouse is preferred over the next of kin of decedent. Next of kin refers to the
    heirs.

    You might also like

    pFad - Phonifier reborn

    Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

    Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


    Alternative Proxies:

    Alternative Proxy

    pFad Proxy

    pFad v3 Proxy

    pFad v4 Proxy