FACTS: Marciana Escano
and Arthur Jones got married in December 1914. On January 10, 1918, Jones
secured a passport. She never heard from him again. In 1919, she filed for a
proceeding to judicially declare Arthur missing. On October 25, 1919, the court
declared Arthur as an absentee with the proviso that said judicial declaration
of absence would not take effect until six months after its publication in the
official newspapers pursuant to Art. 186 of the Old Civil Code. In 23 April
1921, the court issued another order for the taking effect of the declaration
of absence, publication thereof having been made in the Official Gazette and in
"El Ideal." On May 6, 1927, Marciana contracted a second marriage
with Felix Hortiguela. When Marciana died intestate, Felix was appointed as
judicial administrator of the estate. Angelita Jones, Marciana’s daughter from
her first marriage, filed a case and alleged that she is the only heir of her
mother and that her mother’s marriage to Felix was null and void on the ground
that from April 23, 1921 (when the court issued an order for the taking effect
of declaration of absence & publication thereof) to May 6, 1927 (her mother
and Felix’s marriage) was below the 7-year prescriptive period. With this, the
marriage would be null and void and would render her as the sole heir.
ISSUE: W/N the
marriage of Marciana and Felix is null and void. W/N Felix is a legitimate heir
of Marciana.
HELD. Yes and Yes. the
absence of Marciana Escaño's former husband should be counted from January 10,
1918, the date on which the last news concerning Arthur W. Jones was received,
and from said date to May 6, 1927, more than nine years elapsed. The validity
of the marriage makes him a legitimate heir.
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