G.R. No. 132529. February 2, 2001.*

YNARES-SANTIAGO, J.:

FACTS:

SPO4 Santiago S. Cariño, contracted two marriages, the first was on June 20, 1969, with petitioner Susan Nicdao Cariño , with whom he had two offspring and the second was on November 10, 1992, with respondent Susan Yee Cariño, with whom he had no children in their almost ten year cohabitation starting way back in 1982.

In 1992,Santiago died under the care of Susan Yee, who spent for his medical and burial expenses. Both petitioner and respondent filed claims for monetary benefits and financial assistance pertaining to the deceased from various government agencies. The first wife, petitioner was able to collect a total of P146,000.00 while respondent Susan Yee received a total of P21,000.00. Respondent Susan Yee filed the instant case for collection of sum of money against petitioner be ordered to return to her at least one-half of the “death benefits” which she received.