Digest Author: F.

Atienza
ARMAS v CALISTERIO (2000)
Petitioner: ANTONIA ARMAS Y CALISTERIO
Respondent: MARIETTA CALISTERIO
DOCTRINE: Intestate shares for Surviving Spouse and Brothers, Sisters,
and/or Nephews and Nieces of Decedent: for Spouse, for legitimate
brothers and sisters or nephews and nieces (Latter by right of representation).
Nephews and nieces, however, can only succeed by right of
representation in the presence of uncles and aunts; alone, upon the
other hand, nephews and nieces can succeed in their own right which is
to say that brothers or sisters exclude nephews and nieces except only
in representation by the latter of their parents who predecease or are
incapacitated to succeed.
FACTS:
1. April 1992, Teodorico Calisterio died intestate. He was survived by his
wife, Marietta Calisterio (Respondent).
2. Teodorico was the 2nd husband of Marietta, they were married in 1958.
Mariettas first marriage was with James, who disappeared without a trace.
3. Oct. 9, 1992, Teodoricos sister, Antonia Armas (Petitioner), filed a petition
with the RTC to be declared as sole surviving heir because Teodorico and
Respondents marriage was void for being bigamous. She prayed that her
son be declared as administrator of the estate.
4. Respondent countered by stating that James had been absent for 11 years
prior to her marriage to Teodorico and therefore the 1 st marriage was
already dissolved. (She failed to secure a decree of presumptive death)
5. RTC decided in favor of Antonia. CA reversed.
2. The successional right in intestacy of a surviving spouse over the
net estate of the deceased, concurring with legitimate brothers and
sisters or nephews and nieces (the latter by right of representation),
is one-half of the inheritance, the brothers and sisters or nephews
and nieces, being entitled to the other half. Nephews and nieces,
however, can only succeed by right of representation in the presence
of uncles and aunts; alone, upon the other hand, nephews and nieces
can succeed in their own right which is to say that brothers or sisters
exclude nephews and nieces except only in representation by the
latter of their parents who predecease or are incapacitated to
succeed. The appellate court has thus erred in granting, in paragraph (c)
of the dispositive portion of its judgment, successional rights, to petitioner's
children, along with their own mother Antonia who herself is invoking
successional rights over the estate of her deceased brother.
DISPOSITION:
WHEREFORE, the assailed judgment of the Coin of Appeals in CA G.R. CV
No. 51574 is AFFIRMED except insofar only as it decreed in paragraph (c) of
the dispositive portion thereof that the children of petitioner are likewise
entitled, along with her, to the other half of the inheritance, in lieu of which, it
is hereby DECLARED that said one-half share of the decedent's estate
pertains solely to petitioner to the exclusion of her own children. No costs.
SO ORDERED.

ISSUES:
1. Whether or not the marriage of Teodorico and Marietta is valid, therefore
she is an heir. - Y

RULING + RATIO:
1. Yes. The marriage between the deceased Teodorico and respondent
Marietta was solemnized on 08 May 1958. The law in force at that time
was the Civil Code, not the Family Code which took effect only on 03
August 1988. Article 256 of the Family Code itself limited its retroactive
governance only to cases where it thereby would not prejudice or impair
vested or acquired rights in accordance with the Civil Code or other laws.
Article 83 of the New Civil Code applies.
A judicial declaration of absence of the absentee spouse is not
necessary as long as the prescribed period of absence is met.
(Absent for 7 Years).