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MARISSA BENITEZ-BADUA v. CA

This case has been cited 3 times or more.

2015-09-28
VILLARAMA, JR., J.
In the 1994 case of Benitez-Badua v. Court of Appeals,[21] therein deceased spouses Vicente Benitez (Vicente) and Isabel Chipongian (Isabel) owned various properties while they were still living. Isabel departed in 1982, while Vicente died intestate in 1989. In 1990, Vicente's sister (Victoria Benitez-Lirio) and nephew (Feodor Benitez Aguilar) instituted an action before the trial court for the issuance of letters of administration of his estate in favor of Feodor. In the said proceedings, they alleged that Vicente was "survived by no other heirs or relatives be they ascendants or descendants, whether legitimate, illegitimate or legally adopted x x x."[22] They further argued that one "Marissa Benitez[-]Badua who was raised and cared for by them since childhood is, in fact, not related to them by blood, nor legally adopted, and is therefore not a legal heir [of Vicente]."[23] Marissa opposed the petition and proffered evidence to prove that she is an heir of Vicente. Marissa submitted the following evidence, viz.:1. her Certificate of Live Birth (Exh. 3);
2010-03-22
BRION, J.
The petitioners filed a petition for certiorari with prayer for the issuance of a writ of preliminary injunction and/or temporary restraining order[14] before the CA, docketed as CA-G.R. SP. No. 105625. The CA, in its decision[15] of December 15, 2008, denied the petition for lack of merit.
2006-07-21
CORONA, J.
In Benitez-Badua v. Court of Appeals,[17] Marissa Benitez-Badua, in attempting to prove that she was the sole heir of the late Vicente Benitez, submitted a certificate of live birth, a baptismal certificate, income tax returns and an information sheet for membership in the Government Service Insurance System of the decedent naming her as his daughter, and her school records. She also testified that she had been reared and continuously treated as Vicente's daughter.