G.R. No. L-28248 - Perido vs. Perido

The case involves petitioners, who are the descendants of Lucio Perido’s first marriage to Benita Talorong, and respondents, who are the descendants of his second marriage to Marcelina Baliguat.
Lucio Perido, a resident of Himamaylan, Negros Occidental, married twice.

His first wife, Benita Talorong, bore him three children: Felix, Ismael, and Margarita.
His second wife, Marcelina Baliguat, bore him five children: Eusebio, Juan, Maria, Sofronia, and Gonzalo.

Upon the death of Lucio (in 1942) and subsequently his second wife (in 1943), questions arose regarding the partition of his properties.

On August 15, 1960, the children and grandchildren of Lucio Perido’s two marriages executed a document to partition several lots (Nos. 458, 471, 506, 511, 509, 513-B, 807, and 808) of the Cadastral Survey of Himamaylan, Negros Occidental.
Disputes emerged when the children from the first marriage later expressed reservations about the partition, alleging improprieties in its execution.

In March 1962, the children of the first marriage filed a complaint in the Court of First Instance of Negros Occidental, seeking the annulment of the partition document and a redivision of the properties exclusively among themselves.
The plaintiffs alleged:

They were induced to execute the partition document through misrepresentation, false promises, and fraudulent means.
The lots partitioned belonged to the conjugal partnership of Lucio Perido and his first wife, Benita Talorong.
The five children of Lucio Perido with Marcelina Baliguat were illegitimate and therefore had no successional rights to Lucio’s estate.

The "Declaration of Heirship and Extra-Judicial Partition" was annulled.
It declared the legitimacy of the five children of Lucio Perido and Marcelina Baliguat.
The court determined that all lots, except Lot No. 458, were the exclusive properties of Lucio Perido (being largely inherited from his grandmother), and only Lot No. 458 was held as the conjugal partnership property of Lucio Perido and Marcelina Baliguat.
Detailed allocations were prescribed for the division among the heirs based on these findings.

The petitioners appealed, alleging errors in the trial court’s findings concerning:

The legitimacy of the children of the second marriage.
The characterization of the lots (471, 506, 511, 509, 513-Part, 807, and 808) as exclusive properties instead of conjugal partnership properties with the first wife.
The ruling on the conjugal nature of Lot No. 458 as the property of Lucio Perido and Marcelina Baliguat.

The Court of Appeals upheld the trial court’s decision in its entirety.
The petitioners’ motion for reconsideration was turned down, prompting the present petition for review.

Whether Eusebio, Juan, Maria, Sofronia, and Gonzalo Perido, born to Lucio Perido and Marcelina Baliguat, are legitimately recognized despite allegations that they were born out of wedlock.

Classification of the Real Property (Lots Nos. 471, 506, 511, 509, 513-Part, 807, and 808)

Whether these properties are the exclusive inherited properties of Lucio Perido or should be regarded as part of the conjugal partnership with his first wife, Benita Talorong.

Whether the 11/12 share of Lot No. 458 is correctly declared as the conjugal partnership property of Lucio Perido and his second wife, Marcelina Baliguat, in light of the petitioners’ contention.