ANTONIA ARMAS Y CALISTERIO, petitioner, vs.

MARIETTA
CALISTERIO, respondent.
FACTS:
Teodorico Calisterio, husband of Marietta Calisterio, the respondent, died intestate in April 1992
leaving several parcel of land estimated value of P604,750.00. He was the second husband of
Marietta who was previously married with William Bounds in January 1946. The latter
disappeared without a trace in February 1947. 11 years later from the disappearance of Bounds,
Marietta and Teodorico were married in May 1958 without Marietta securing a court declaration
of Bounds presumptive death.
Antonia Armas y Calisterio, surviving sister of Teodorico filed a petition claiming to be the sole
surviving heir of the latter and that marriage between Marietta and his brother being allegedly
bigamous is thereby null and void. She prayed that her son Sinfroniano be appointed as
administrator, without bond, of the estate of the deceased and inheritance be adjudicated to her
after all the obligations of the estate would have been settled.
ISSUE: Whether Marrieta and Teodoricos marriage was void due to the absence of the
declaration of presumptive death.
HELD:
The marriage between the respondent and the deceased was solemnized in May 1958 where the
law in force at that time was the Civil Code and not the Family Code which only took effect in
August 1988. Article 256 of the Family Code itself limit 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. Since Civil Code provides that declaration of presumptive death is not
essential before contracting marriage where at least 7 consecutive years of absence of the spouse
is enough to remarry then Marrietas marriage with Teodorico is valid and therefore she has a
right can claim portion of the estate.
Verily, the applicable specific provision in the instant controversy is Article 83 of the New Civil
Code which provides: Kyle
"Art. 83. Any marriage subsequently contracted by any person during the lifetime of the first
spouse of such person with any person other than such first spouse shall be illegal and void from
its performance, unless:
"(1) The first marriage was annulled or dissolved; or
"(2) The first spouse had been absent for seven consecutive years at the time of the second
marriage without the spouse present having news of the absentee being alive, or if the absentee,
though he has been absent for less than seven years, is generally considered as dead and believed

to be so by the spouse present at the time of contracting such subsequent marriage, or if the
absentee is presumed dead according to articles 390 and 391. The marriage so contracted shall be
valid in any of the three cases until declared null and void by a competent court."