G.R. No. 250613 , April 3, 2024
ELENITA V. MACALINAO, KENNETH V. MACALINAO AND KRISTEL V. MACALINAO, PETITIONERS, VS. CERINA, A.K.A. CERENA N. MACALINAO AND CINDY N. MACALINAO, RESPONDENTS.

FACTS

Pedrito G. Macalinao (Pedrito) married respondent Cerena Negapatan Macalinao (Cerena) on June 5, 1981, and they had one child, respondent Cindy Macalinao (Cindy). They separated in fact in 1985. On April 3, 1990, while his marriage to Cerena was subsisting, Pedrito married petitioner Elenita V. Macalinao (Elenita). They lived together for 25 years and had two children, petitioners Kenneth and Kristel Macalinao. Pedrito died on June 26, 2015, while working as a seafarer. His death benefits from his employer totaled USD 93,057.88 (PHP 4,506,309.52). Cerena, for her part, contracted a second marriage with one Rene Paredes on February 7, 1992. The parties failed to settle amicably, leading to a petition for settlement of estate. The sole issue was whether the death benefits formed part of Pedrito’s estate and how the amount should be distributed.

ISSUE

The primary issue is the determination of the rightful beneficiaries and their respective shares in the death benefits of Pedrito Macalinao, which involves the application of the rules on intestate succession given the existence of a prior valid marriage (to Cerena) and a subsequent bigamous marriage (to Elenita).

RULING

The Supreme Court denied the petition and affirmed the Court of Appeals’ decision. The death benefits form part of Pedrito’s estate and are subject to the rules on intestate succession. The marriage between Pedrito and Elenita is declared null and void ab initio for being bigamous. Consequently, Elenita is not considered a surviving spouse for purposes of succession. Kenneth and Kristel are declared illegitimate children of Pedrito. The legitimate surviving spouse is Cerena, and the legitimate child is Cindy. Applying the rules of intestate succession, the estate shall be distributed as follows: one-half (1/2) of the estate shall go to the legitimate child, Cindy. The other half shall be divided between the legitimate spouse, Cerena, and the two illegitimate children, Kenneth and Kristel. Cerena’s share is one-third (1/3) of one-half, and the illegitimate children share the remaining two-thirds (2/3) of one-half in equal shares. The Court resolved the doctrinal debate by holding that in a concurrence of a legitimate spouse and one legitimate child, the legitimate child is entitled to one-half of the estate as legitime, and the spouse and illegitimate children shall divide the other half, with the spouse getting a share equal to that of each illegitimate child.