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    Carino Vs Carino

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    Enzo Ruiz
    1. This case involves two women, Susan Nicdao and Susan Yee, who both claimed to be the legal wife of SPO4 Santiago Cariño after his death. Nicdao and Cariño married in 1969 without a marriage license and had two children together. Cariño then married Yee in 1992 while still married to Nicdao. 2. After Cariño's death, both women claimed monetary death benefits from the government that were awarded to Cariño as a police officer. Nicdao received P146,000 while Yee received P21,000. Yee then sued to claim half of what Nicdao received. 3. The Supreme Court ruled in favor of Nicdao,

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    Carino Vs Carino

    Uploaded by

    Enzo Ruiz
    100 views2 pages
    1. This case involves two women, Susan Nicdao and Susan Yee, who both claimed to be the legal wife of SPO4 Santiago Cariño after his death. Nicdao and Cariño married in 1969 without a marriage license and had two children together. Cariño then married Yee in 1992 while still married to Nicdao. 2. After Cariño's death, both women claimed monetary death benefits from the government that were awarded to Cariño as a police officer. Nicdao received P146,000 while Yee received P21,000. Yee then sued to claim half of what Nicdao received. 3. The Supreme Court ruled in favor of Nicdao,

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    1. This case involves two women, Susan Nicdao and Susan Yee, who both claimed to be the legal wife of SPO4 Santiago Cariño after his death. Nicdao and Cariño married in 1969 without a marriage license and had two children together. Cariño then married Yee in 1992 while still married to Nicdao. 2. After Cariño's death, both women claimed monetary death benefits from the government that were awarded to Cariño as a police officer. Nicdao received P146,000 while Yee received P21,000. Yee then sued to claim half of what Nicdao received. 3. The Supreme Court ruled in favor of Nicdao,

    Copyright:

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

    Carino Vs Carino

    Uploaded by

    Enzo Ruiz
    1. This case involves two women, Susan Nicdao and Susan Yee, who both claimed to be the legal wife of SPO4 Santiago Cariño after his death. Nicdao and Cariño married in 1969 without a marriage license and had two children together. Cariño then married Yee in 1992 while still married to Nicdao. 2. After Cariño's death, both women claimed monetary death benefits from the government that were awarded to Cariño as a police officer. Nicdao received P146,000 while Yee received P21,000. Yee then sued to claim half of what Nicdao received. 3. The Supreme Court ruled in favor of Nicdao,

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Name: Junimark O.

    Ungab LLB-1

    Professor: Atty. Elaine T. Bathan

    Reference Subject: Persons and Family Relations

    Topic: Property Regime of Unions without Marriage

    Title: Nicdao Carino vs. Yee Carino

    Citation: GR No. 132529, 351 SCRA 127

    FACTS:

    SPO4 Santiago Cariñ o married Susan Nicdao in 1969 without marriage license. They had
    two children. He then married Susan Yee on November 10 1992, with whom he had no
    children in their almost 10 year cohabitation starting way back in 1982. He passed away on
    November 23 1992. The two Susans filed with the RTC of Quezon City the claims for
    monetary benefits and financial assistance pertaining to the deceased from various
    government agencies. Nicdao collected a total of P146,000 while Yee received a total of
    P21,000. Yee filed an instant case for collection of half the money acquired by Nicdao,
    collectively denominated as "death benefits." Yee admitted that her marriage with the SPO4
    took place during the subsistence of, and without first obtaining a judicial declaration of
    nullity, the marriage between Nicdao and the SPO4. She however claimed that she became
    aware of the previous marriage at the funeral of the deceased. In 1995, the trial court ruled
    in favor of Yee. Nicdao appealed to the CA, which the CA affirmed the decision of the trial
    court.

    ISSUE:

    Whether or not Yee can claim half the amount acquired by Nicdao.

    RULING:

    No. SC held that the marriage between Yee and Cariñ o falls under the Article 148 of the
    Family Code, which refers to the property regime of bigamous or polygamous marriages,
    adulterous or concubinage relationships. Yee cannot claim the benefits earned by the SPO4
    as a police officer as her marriage to the deceased is void due to bigamy. She is only entitled
    to the properties acquired with the deceased through their actual joint contribution. Wages
    and salaries earned by each party belong to him or her exclusively. Hence, they are not
    owned in common by Yee and the deceased, but belong to the deceased alone and Yee has
    no right whatsoever to claim the same. By intestate succession, the said “death benefits” of
    the deceased shall pass to his legal heirs. And, Yee, not being the legal wife, is not one of
    them. As regards to the first marriage, the marriage between Nicdao and SPO4 is null and
    void due to absence of a valid marriage license. Nicdao can claim the death benefits by the
    deceased even if she did not contribute thereto. Article 147 creates a co-ownership in
    respect thereto, entitling Nicdao to share one-half of the benefits. As there is no allegation
    of bad faith in the first marriage, she can claim one-half of the disputed death benefits and
    the other half to the deceased' to his legal heirs, by intestate succession. The marriage
    between Yee and SPO4 is likewise null and void for the same has been solemnized without
    the judicial declaration of the nullity of the marriage between Nicdao and SPO4. Under
    Article 40, if a party who is previously married wishes to contract a second marriage, he or
    she has to obtain first a judicial decree declaring the first marriage void, before he or she
    could contract said second marriage, otherwise the second marriage would be void.
    However, for purposes other than to remarry, no prior and separate judicial declaration of
    nullity is necessary.

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