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#33

G.R. No. 133742, February 6, 2007


EDGAR SAN LUIS v FELICIDAD SAN LUIS.

Topic: Meaning of interested person

In a petition for letters of administration filed by Felicidad, the third wife of deceased Felicismo, it was held
by the Supreme Court that Felicidad qualifies as an interested person which is required by Section 2,
Rule 79 that a petition for letters of administration must be filed by an interested person. Felicidad is an
interested person with direct interest in the estate of Felicismo by virtue of their 18-year cohabitation.

Although the children of Felicismo from his first marriage opposed the petition on the ground that
Felicidad is only a mistress since the second marriage of Felicismo to the American wife was still
subsisting notwithstanding the divorce the latter obtained in the U.S., the Supreme Court held that even
assuming that Felicismo was not capacitated to marry Felicidad, Felicidad still has legal personality to file
the petition for letters of administration as she may be considered the co-owner of the properties that
were acquired through their joint efforts during their cohabitation.

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