Case Digest (G.R. No. 83598)
Facts:
The case involves petitioners Leoncia Balogbog and Gaudioso Balogbog against respondents Honorable Court of Appeals, Ramonito Balogbog, and Generoso Balogbog. The events leading to this case began with the death of Basilio Balogbog in 1951 and Genoveva Arnibal in 1961, both of whom died intestate. Leoncia and Gaudioso are the children of Basilio and Genoveva, and they had an older brother named Gavino, who predeceased their parents in 1935. In 1968, Ramonito and Generoso, claiming to be the legitimate children of Gavino and his wife Catalina Ubas, initiated an action for partition and accounting against Leoncia and Gaudioso. They asserted their right to inherit one-third of Gavino's share in the estate of their grandparents. The petitioners denied knowing the private respondents and contended that Gavino died single and without issue. Initially, they claimed that the properties had been sold to them by their mother, but later retracted this assertion.
To support their ...
Case Digest (G.R. No. 83598)
Facts:
Family Background and Claims:
- Petitioners Leoncia and Gaudioso Balogbog are the children of Basilio Balogbog and Genoveva Arnibal, who died intestate in 1951 and 1961, respectively.
- They had an older brother, Gavino, who died in 1935, predeceasing their parents.
- In 1968, private respondents Ramonito and Generoso Balogbog filed an action for partition and accounting, claiming to be the legitimate children of Gavino by Catalina Ubas. They asserted entitlement to Gavino's one-third share in their grandparents' estate.
Petitioners' Defense:
- Petitioners denied knowing private respondents and claimed that Gavino died single and without issue in their parents' residence at Tag-amakan, Asturias, Cebu.
- Initially, they alleged that their mother had sold the estate properties to them while she was alive, but they later withdrew this claim.
Evidence Presented by Private Respondents:
Testimony of Priscilo Y. Trazo:
- Former mayor of Asturias (1928-1934).
- Testified that Gavino and Catalina were married in 1929, with Rev. Father Emiliano Jomao-as officiating.
- Knew Gavino and Catalina because they performed at his campaign rallies.
Testimony of Matias Pogoy:
- Family friend of private respondents.
- Confirmed that Gavino and Catalina were married in the Catholic Church of Asturias.
- Testified that Gavino died in 1935 in Obogon, Balamban, Cebu, contradicting petitioners' claim that he died in Asturias.
Testimony of Catalina Ubas:
- Claimed she was married to Gavino and had three children with him: Ramonito, Petronilo (who died at age six), and Generoso.
- Stated that the marriage certificate was burned during the war.
Certificates from Authorities:
- Certificate from the Local Civil Registrar stating that the Register of Marriages had no record of Gavino and Catalina's marriage (Exh. P).
- Certificate from the Office of the Treasurer indicating no record of Ramonito's birth, presumed lost or destroyed during the war (Exh. L).
- Certificate from the Parish Priest of Asturias stating no record of Ramonito's birth in the church (Exh. M).
Evidence Presented by Petitioners:
Testimony of Leoncia Balogbog:
- Claimed Gavino died single and denied knowing private respondents.
- Presented a certificate from the Local Civil Registrar of Asturias stating no record of Gavino and Catalina's marriage (Exh. 10).
Testimony of Jose Narvasa:
- Claimed Gavino died single and that Catalina lived with another man after the war.
Trial Court Decision:
- The Court of First Instance of Cebu City ruled in favor of private respondents, ordering partition of the estate and awarding them one-third of the estate of Basilio and Genoveva.
Appeal to the Court of Appeals:
- The Court of Appeals affirmed the trial court's decision, holding that private respondents had proven their filiation as legitimate children of Gavino and Catalina.
Issue:
- Whether the marriage of Gavino and Catalina was validly proven.
- Whether private respondents are the legitimate children of Gavino and Catalina, entitled to inherit from the estate of Basilio and Genoveva.
- Whether the Court of Appeals erred in affirming the trial court's decision based on testimonial evidence.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)