SERPENT LEGAL

Law Office
2nd Floor, Southside Building, Riverdale Hwy,
Bacoor City, Cavite
(046)434-4848 | serpentlegal@gmail.com
Est. 1998

22 April 2019
Ms. Joyce Sierra Saquilayan
General Trias
Cavite

Dear Ms. Saquilayan,

This is in response to answer your legal questions concerning your divorce with Mr.
Aristotle and the other legal inquiries you have mentioned.

According to the information you have sent me through your letter, the following are the
pertinent facts:

On, January 10, 1983, Ms. Joyce and Mr. Aristotle, both Filipino citizens at the time being,
were married through civil rites, you had two (2) children, Kat and Javeelyn.

In 1990, your family migrated to United States.

In 1992, you and your family was granted US citizenship.

In 1993 however you filed for divorce against your husband Aristotle.

In 1994, the divorce was granted and you were given full custody of your children and
was entitled to financial support from Aristotle. Thereafter you and your children went back to
the Philippines.

In 1996, you found out that Aristotle married one Aira, a US citizen and they had a child,
Efren. You also remarried in 1998, with Sherwin.
 In 2000, Aristotle died of a heart attack leaving assets amounting to five million dollars
(5,000,000 USD).

To answer you first inquiry as to whether the divorce that was granted in US in 1994 is
valid and recognizable in the Philippines. Yes, the divorce issued is valid. Philippine laws are no
longer applicable in your case, although your marriage with Aristotle was solemnized in the
Philippines while both of you were still Filipino citizens, the effects of Article 15 of the Civil Code
of the Philippines which states 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, because both you and Aristotle were both US citizens, at the time when your
divorce was issued in the United States, therefore the mandate of the article 15 no longer applies
to you which makes the divorce valid under the laws of United States.

As to your second inquiry, both your marriage with Sherwin and Aristotle’s marriage with
Aira is valid because at the time they were celebrated, you and Aristotle were already divorced.

In your marriage with Sherwin since it was celebrated in the Philippines, the requisites for
a valid marriage under, Executive Order No. 209 or the Family Code of the Philippines shall apply.
Under Article 2 and 3 of the said code, the following are the essential and formal requisites for a
valid marriage in the Philippines:

Art. 2. No marriage shall be valid, unless these essential requisites are present:

(1) Legal capacity of the contracting parties who must be a male and a female; and

(2) Consent freely given in the presence of the solemnizing officer. (53a)

Art. 3. The formal requisites of marriage are:

(1) Authority of the solemnizing officer;

(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and
 (3) A marriage ceremony which takes place with the appearance of the contracting parties
before the solemnizing officer and their personal declaration that they take each other as
husband and wife in the presence of not less than two witnesses of legal age.

Given that your marriage was celebrated in accordance with such requirements provided
by the articles above. Also that you were able to present your divorce papers acquired in the
United States to prove that you no longer have any legal impediments and that such marriage
was issued with a marriage certificate such can already be claimed as valid under the Family Code.

As to your fourth inquiry on whether your children, Kat and Javeelyn, are still eligible to
inherit from Aristotle. As provided under paragraph one (1), Article 164 of the Family Code which
states that:

“Children conceived or born during the marriage of the parents are legitimate.”

Since they were both born before your divorce were granted, under Philippine laws both
are still your legitimate children. Given that they are your legitimate children with Aristotle, under
paragraph three (3) of Article 174 of the Family Code which states that:

“To be entitled to the legitimate and other successional rights granted to them by the Civil Code.”

Basing on these laws, Kat and Javeelyn, are entitled to inherit from Aristotle as his
legitimate heirs. However, given the fact that he is a US citizen who died without a will in the US,
and assuming, that his properties and assets are in the US since they were valued in US currency.
Such assets may be subject to the federal laws on succession of the US and Philippine laws may
not be applicable in your case. Depending on which law may apply, will answer as to whether Kat
and Javeelyn may be entitled to inheritance from Aristotle.

Now Aira, being the lawful wife and Efren being their legitimate child, both should be
recognized as the main inheritors of Aristotle’s estate under US laws. However, you on the other
hand, can no longer seek any inheritance from your former husband since you were already
divorced which ended the chances of you being an heir. Unless prior to his death, Aristotle
created a will which included you amongst the list of inheritors, absent such will you have no
legal claim.

As to the division of assets and money left by Aristotle, the fact that these assets are in
the US. It can be presumed that the division would be determined with what is provided under
US laws, and with such I must now admit that I am not knowledgeable enough to determine how
such properties may be divided because there are numerous factors as to how they may be
divided under US laws.

It would be much appreciated if you would be able to help me in my research, upon which
US laws governs the assets of Aristotle and to be able to analyze if there is indeed a legal
possibility that your children; Kat and Javeelyn, could still be eligible to inherit from their father.
Also, to be able to determine how would the assets of Aristotle be divided properly. May I request
that you send me copies of your divorce papers with Aristotle so that I may be able to analyze
properly the stipulations included affecting you and your children with Aristotle, it would also
help in determining which laws are applicable when the state were your divorce was issued is
determined and the locations of such properties and assets be put into considerations since laws
varies per state in US.

I appreciate the opportunity to advise you in this matter, the best legal advice, that I could
give is that for you as of now, is to seek also the assistance/services of lawyer in the United States,
because of the fact that the disputed properties and assets are all located in the US. It would be
wiser to seek the advice of lawyer who is more knowledgeable, familiar and requires the
necessary skills to handle the issues in US.

Thank you for the opportunity to be able to advise you regarding your legal inquiries.
Please let me know if you wish to discuss any of these issues further so that my firm will be able
to help you further in your legal concerns.

Yours faithfully,

Atty. Serpent