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JurisprudenceG.R. No. 250613

ELENITA V. MACALINAO, KENNETH V. MACALINAO AND KRISTEL V. MACALINAO, VS. CERINA, A.K.A. CERENA N. MACALINAO AND CINDY N. MACALINAO.

Cited Laws

RA 4917,RA 4917RA 8291RA 8282,RA 563,RA 10963RA 4119,RA 386,
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TL;DR — Ruling

WHEREFORE , the court grants the instant petition and declares the marriage between ... Elenita V.

Decision

Ruling

WHEREFORE , the court grants the instant petition and declares the marriage between ... Elenita V. Macalinao and deceased Pedrito Macalinao null and void for being bigamous in accordance with Article 35 (4) of the Family Code, and upholds the marriage between Pedrito Macalinao and Cerena Macalinao as valid and subsisting. FURTHERMORE , . 1aшphi1 .. Kenneth Macalinao and Kristel Macalinao are hereby declared as illegitimate children of Pedrito Macalinao having been born out of a void marriage. Upon finality of this decision, the Office of the City Civil Registrar of Muntinlupa is directed to register this decision in its Book of Marriages and to annotate that the marriage between ... Elenita Macalinao and deceased Pedrito Macalinao is null and void [ab initio]. Consequently, ... Kenneth Macalinao and Kristel Macalinao are illegitimate children. IMPORTANTLY , the amount of [PHP]4,506,309.52 deposited under the name "Heirs of Pedrito G. Macalinao" by Excel Marine Co., Ltd., and Fair Shipping to the Office of the Clerk of Court, Regional Trial Court, Muntinlupa City be released upon the presentation of appropriate identification cards/papers, [and be] distributed in the manner provided by the Articles of the New Civil Code on Succession and the Family Code, as noted already. Let copies of this decision be furnished the (1) Office of the Solicitor General, (2) the Office of the City Prosecutor, Muntinlupa City, (3) the Office of the Civil Registrar of Muntinlupa City where the marriage of Pedrito and Elenita was recorded as well as ... where births of Kenneth and Kristel Macalinao were recorded, and (4) the Philippine Statistics Authority. SO ORDERED.