Digest Author: Paolo Go
Carino vs. Carino Issues:
Petition: Certiorari of a decision of the CA
Petitioner: Susan Nicdao Carino
Respondent: Susan Yee Carino
Ponente: J. Ynares-Santiago
Date: Feb, 2, 2001
Facts:
SP04 Santiago Carino died and who gets
his death benefits (AFP Mutual
Benefit Association Inc, NAPOLCOM,
Commutation, Pag-Ibig, PCCUI) is the
subject of the controversy.
First Marriage: With Susan Nicdao on
June 20, 1969, had two children but
marriage is void ab initio due to the
lack of marriage license.
Second Marriage: With Susan Yee
started cohabiting 1982 but only got
marriage on Nov 10, 1992 no children.
Marriage is also void due to lack of
judicial decree declaring the first
marriage with Susan Nicdao void (Art
40 FC) thus, making his second
marriage bigamous.
Main issue: who gets his death
benefits
CA sided with Susan Yee as she proved
Santiagos first marriage was void due
to lack of marriage license.
Pertinent laws/provisions:
Art 147 FC: When a man and a
woman who are capacitated to marry
each other, live exclusively with each
other as husband and wife without the
benefit of marriage or under a void
marriagetheir wages and salaries
shall be owned by them in equal shares
and the property acquired by both of
them through their work or industry
shall be governed by the rules on co-
ownership. xxxxx
Art 148 FC: Only the properties
acquired by both of the parties through
their actual joint contribution of money,
property, or industry shall be owned by
them in common in proportion to their
respective contributions..
1. Who gets the death benefits
Ruling:
1. Susan Nicdao gets the death benefits as
their cohabitation is under Art 147,
which entitles her to one-half of the
benefits (being in good faith), and the
other-half will go to Santiagos children
under Susan Nicdao by intestate
succession to the legal heirs.
Ratio Decidendi:
Second marriage is covered under Art
148 of the FC, which refers to the
property regime of bigamous marriages.
(Having been solemnized during the
subsistence of the first marriage then
presumed to be valid)
o Under Art 148 only the
properties acquired by the
parties through their actual joint
contribution shall belong to the
co-ownership.
o Hence, wages and salaries
earned by each party belong to
him/her exclusively.
o Unless she can prove she
contributed in obtaining these
benefits she has no share.
First marriage with Susan Nicdao is
covered under Art 147 as they were
together under a void marriage.
o Under Art 147, wages and
salaries earned by either party
during cohabitation shall be
owned by the parties in equal
shares and will e divided
equally between them, even if
only one party earned the wages
and the other did not contribute
thereto. (She was in good faith)
o Art 147 creates a co-ownership
thus entitling her to half.
One-half will go to Susan Nicdao while
other half will go to Santiagos legal
heirs, which are his children with her.
Principles: Property Regimes of Unions
Without Mariage