ABA & Associates

Unit 5 Apartment 3 Claveria Business Building

Mabuhay Street, 1407 General Trias City
Office Tel. (046) 509.1225
Fax No. (046) 509.1224
Email Address: aba.and.associates@gmail.com
________________________________________________________________________________

April 22, 2019

Mrs. Joyce Sierra Saquilayan

123 Unit 4 Camella Homes
VJP Laurel Street, 1407 General Trias City
Cavite, Philippines 4107

RE: Validity of Divorce Obtained Abroad and Property Settlement of Legitimate Heirs

Dear Mrs. Saquilayan:

You contacted us recently with regard to your issue as to the validity and effect of your divorce to your
first husband Mr. Aristotle Cruzate as well as to the legal inheritance of your children with the said
marriage after the latter’s death. This letter shall serve as a response to your inquiry.

x----------------------------------------x

The Facts

As stated by you on your letter the following facts are established. That on January 10, 1983 your
marriage with Mr. Aristotle Cruzate has been solemnized to which it has been blessed with two children
namely, Kat and Javelyn. The family migrated to the United States and consequently have been American
Citizen in 1992. The following year, you filed a petition for divorce due to infidelity which has been
subsequently granted in the year 1994. As a consequence, you and Mr. Aristotle Cruzate have lived a
separate life. You married another and went back to the Philippines in the year 1998 whereas Mr.
Aristotle Cruzate married one named Aira in 1996 and had a child named Efren.

The death of Mr. Aristotle Cruzate in 2000 has given rise to your inquiry as to the manner of distribution
of his remaining assets and properties between his spouse and children.

x----------------------------------------x
 The Issue/s and Brief Answer

1. Whether or not your marriage with Mr. Aristotle Cruzate was legally dissolved through a
divorce decree issued by the U.S. Court in 1994?
Yes. The divorce was valid.
2. Whether or not Mr. Aristotle Cruzate’s marriage with Aira valid?
Yes. Their marriage is valid.
3. Whether or not your marriage with Mr. Sherwin Malvar valid?
Yes. Your marriage is also valid.
4. Whether or not your children with Mr. Aristotle Cruzate have the right to inherit from
him?
Yes. Your children have the right to inherit from the remaining assets of Mr. Mr. Aristotle
Cruzate.
5. Whether or not Aira has the right to inherit from Mr. Aristotle Cruzate?
Yes. Mrs. Aira Cruzate has the right to inherit from Mr. Aristotle Cruzate.
6. Whether or not Efren has the right to inherit from Mr. Aristotle Cruzate?
Yes. Efren has the right to inherit from Mr. Aristotle Cruzate.
7. Whether or not you still have the right to inherit from Mr. Aristotle Cruzate?
No. You no longer have the right to inherit from Mr. Aristotle Cruzate.
Should any or all of the answers in 4, 5, 6, and 7 be positive, how do you divide the assets
and the money left by Mr. Aristotle Cruzate? As provided in the New Civil Code, it shall be
divided in equal shares between the widow and the legitimate children of the deceased.

x----------------------------------------x

Explanation

Article 15 of the New Civil Code provides that “laws relating to family rights and duties, or to the status,
condition and legal capacity of persons are binding upon citizens of the Philippines, even though living
abroad”, however as you and your family has been naturalized in the United States in 1992 the prevailing
laws of the State from which you are naturalized shall be applied. As a general rule, a Filipino spouse
cannot obtain absolute divorce however as a remedy to Filipino’s with foreign spouses whose natural law
allows for such, the Family Code included in the second paragraph of Article 26 a remedy to these cases
by capacitating a Filipino spouse to remarry when a valid decree of divorce is obtained by any of the
spouses.
In your case, the divorce is valid therefore your marriage with Sherwin is also valid. The same applies to
the marriage between Mr. Aristotle Cruzate and Aira.

The principle applied in these cases lies in the case of Quita vs Court of Appeals where, similarly, the
parties were Filipino citizens when they got married but later became American Citizens in the year 1954
and obtained a divorce on the same year. The Court herein decided that, by way of obiter dictum, the a
Filipino divorced by his naturalized foreign spouse is no longer married under the Philippine law and can
thus remarry. The law herein was applied liberally and relied upon the legislative intent to prevent
absurdity and injustice.

As to matter of the inheritance of your children with Mr. Aristotle Cruzate namely Kat and Javelyn and
his child with Mrs. Aira Cuzate, Efren, they shall inherit equal shares from their fathers remaining assets
in the absence of a Will conditioning otherwise.

The applicable law shall be from Article 16 of the New Civil Code which provides that; “Real property
as well as personal property is subject to the law of the country where it is stipulated.

However, intestate and testamentary successions, both with respect to the order of succession and to the
amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated
by the national law of the person whose succession is under consideration, whatever may be the nature of
the property and regardless of the country wherein said property may be found.”

If the Philippine laws shall be deemed applicable, the following laws shall be applied:

Article 960 of the New Civil Code expressly provides that; “legal or intestate succession takes place:

(1) If a person dies without a will, or with a void will, or one which has subsequently lost its
validity.”

In addition to this, Article 980 states that; “The children of the deceased shall always inherit from him in
their own right, dividing the inheritance in equal shares.”

The pertinent provisions that supports Efren’s equal right to inheritance with respect to the assets left
behind by Mr. Aristotle Cruzate is under Article 979 which provides; “Legitimate children and their
descendants succeed the parents and other ascendants, without distinction as to sex or age, and even if
they should come from different marriages.”

The Supreme Court pronounced the explanation of the basis of the rules on intestate succession in the
case In the Matter of the Intestate Estate of Cristina Aguinaldo-Suntay vs. Isabel Cojuangco-Suntay (GR
No. 183053; ponente, former Associate Justice Antonio Eduardo Nachura, June 16, 2010, citing
Manresa). It provides:
“The law [of intestacy] is founded on the presumed will of the deceased. Love, it is said, first descends,
then ascends, and finally, spreads sideways. Thus, the law first calls the descendants, then the ascendants
and, finally, the collaterals, always preferring those closer in degree to those of remoter degrees, on the
assumption that the deceased would have done so had he manifested his last will. Lastly, in default of
anyone called to succession or bound to the decedent by ties of blood or affection, it is in accordance with
his presumed will that his property be given to charitable or educational institutions, and thus contribute
to the welfare of humanity.”

By applying these principles to the case of all of Mr. Aristotle’s children, it is clear that all three of them
shall have the right to inherit from their father regardless of the nature of their birth in equal shares.

Another inquiry raised by you is the matter of which Mrs. Aira Cruzate can inherit from Mr. Aristotle
Cruzate’s remaining assets. The answer is yes.

This principle is enshrined in Article 996 of the New Civil which states that; “If a widow or widower and
legitimate children or descendants are left, the surviving spouse has in the succession the same share as
that of each of the children.”

As the legal spouse she is entitle to the same amount that the children will have. As to the matter of your
inheritance, unfortunately, as your marriage has already been terminated prior to the death of Mr. Cruzate
you are no longer entitled to inherit any of the remaining assets given that the effect of the divorce decree
that you have obtained abroad is to severe all marital ties between you including distribution and
liquidation of all the properties you both have acquired n the course of your marriage.

And ultimately, the division of properties as prescribed by law shall be in equal parts between the three
children of Mr. Cruzate and his surviving spouse, Aira.

With respect to the real estate amounting to $4,000,000, the pertinent provisions shall apply; “Article
1078. Where there are two or more heirs, the whole estate of the decedent is, before its partition, owned
in common by such heirs, subject to the payment of debts of the deceased.

Article 1079. Partition, in general, is the separation, division and assignment of a thing held in common
among those to whom it may belong. The thing itself may be divided, or its value.”
We therefore suggest that your children as well as all other heirs settle the matter in a peaceful and
amicable extrajudicial settlement. They may divide the estate among themselves by means of a notarized
instrument filed in the Register of Deeds.

x----------------------------------------x

We hope this matter has been concluded to your satisfaction and that you found our work to be
exemplary. Again, thank you for allowing us to represent you in this matter. If we can be of further
assistance on this or any other matter, please don’t hesitate to let us know.

Sincerely,

Atty. Ailyn Bagares Añano