G.R. No. L-2474 - Andal vs. Macaraig

Plaintiffs: Mariano Andal, a minor, assisted by his mother Maria Duenas as guardian ad litem, and Maria Duenas.
Defendant: Eduvigis Macaraig.
Nature of the case: Action for recovery of ownership and possession of a parcel of land located in Barrio Talacop, Calabanga, Camarines Sur.

Mariano Andal is the surviving son of Emiliano Andal and Maria Duenas.
Emiliano Andal died on September 24, 1942.
Emiliano Andal acquired the land from his mother, the defendant Eduvigis Macaraig, through a donation propter nuptias executed by Eduvigis in his favor at the time of his marriage to Maria Duenas.
Emiliano Andal was in possession of the land from 1938 until 1942.
After Emiliano’s death, Eduvigis Macaraig entered the land, allegedly taking advantage of the prevailing abnormal situation.

The Court of First Instance of Camarines Sur ruled in favor of the plaintiffs, holding:

Mariano Andal was declared the legitimate son of Emiliano Andal and entitled to inherit the land.
Mariano Andal was declared the owner of the said land.
Defendant ordered to pay the costs of the suit.

Defendant appealed to the Supreme Court, asserting that only questions of law were involved.
The primary issue for resolution was the legitimacy of Mariano Andal as the son of Emiliano Andal because:

Emiliano Andal suffered from tuberculosis beginning January 1942.
Emiliano’s brother, Felix, moved into Emiliano’s house to help with farm work.
By September 10, 1942, Emiliano was so ill he could barely move.
On September 10, 1942, Maria Duenas, Emiliano’s wife, eloped with Felix and lived with her father until mid-1943.
Since May 1942, Maria and Felix were sexually involved and treated as husband and wife.
Emiliano died on January 1, 1943, without presence or attendance of his wife at his funeral.
Mariano Andal was born on June 17, 1943.

Whether Mariano Andal is the legitimate son of Emiliano Andal and Maria Duenas under the Civil Code.
Whether the presumption of legitimacy can be rebutted by the defendant based on Emiliano’s physical condition, absence, or other factors that made it physically impossible for him to have access to his wife during the time of conception.
The effect of the legitimacy of Mariano Andal on the question of ownership of the land parcel.