Title
Mariategui vs. Court of Appeals
Case
G.R. No. 57062
Decision Date
Jan 24, 1992
Lupo Mariategui's heirs from third marriage contested extrajudicial partition, claiming inheritance rights. SC upheld their legitimacy, ruling partition action not barred by prescription due to lack of valid repudiation.

Case Summary (G.R. No. 57062)

Background and Factual Summary

Lupo Mariategui died without a will, having entered into three marriages sequentially. From his first marriage to Eusebia Montellano, he sired four children, two of whom left descendants. His second marriage to Flaviana Montellano bore a daughter, Cresenciana. With his third wife, Felipa Velasco, whom he married around 1930, Lupo had three children: Jacinto, Julian, and Paulina. Felipa died in 1941. The decedent left several real properties acquired while he was unmarried, including certain lots in the Muntinglupa Estate.

The descendants from the first and second marriages executed an extrajudicial partition on December 2, 1967, adjudicating Lot No. 163 to themselves, which was later registered under their names through Torrens title (OCT No. 8828) in 1971. The lots were thereafter subdivided and transferred individually. The children from the third marriage (Jacinto, Julian, and Paulina) filed a complaint in 1973 denying their exclusion and asserting their rights to inherit a portion of Lot No. 163 as well as other lots, praying for partition and annulment of the earlier extrajudicial partition deed.

Legal Issues Presented

The petitioners questioned:
(a) Whether prescription barred the respondents’ right to demand partition of their father's estate.
(b) Whether the respondents effectively proved legal recognition and succession rights over the estate given their alleged belated filing and lack of documentary proof of legitimacy.

Nature of the Complaint and Cause of Action

The Court emphasized that the primary relief sought by the respondents was partition of the estate, with the allegation of legitimate filiation raised only to support their claim as heirs. The nature of an action is determined by the facts constituting the cause of action rather than merely the relief prayed for. The respondents’ case was essentially an action for partition of co-owned property.

Marriage and Legitimacy of Respondents under Philippine Law

The Court of Appeals, affirmed by the Supreme Court, held that the marriage between Lupo Mariategui and Felipa Velasco was presumptively valid although no marriage certificate was produced. This was supported by testimony that Lupo had declared the existence of this marriage, the couple’s public acknowledgment as husband and wife, and their community’s recognition of their status. Under the legal presumption recognized in Philippine jurisprudence, cohabitation and public representation as husband and wife establish a valid marriage in the absence of contrary evidence.

In light of the 1987 Philippine Constitution and the Family Code of the Philippines, only two classes of children now exist: legitimate and illegitimate. The legitimacy of children is established by birth records, final judgments, or open and continuous possession of the status of legitimate children. Here, Jacinto’s birth certificate established his legitimacy, while Julian and Paulina’s continuous possession of legitimate status sufficed to prove theirs.

Prescription and Rights to Partition

Prescription under Article 285 of the Civil Code, concerning actions for recognition of paternity, was deemed inapplicable to this case because the respondents were found to be legitimate children, thus entitled to inheritance rights without the need for formal recognition.

Furthermore, the Court held that an action to demand partition of co-owned property is imprescriptible; it cannot be barred by prescription or laches unless there has been a valid and clear repudiation of co-ownership by the co-owner expressly communicated to the others. The partition action thus remained viable because the co-ownership had not been effectively repudiated.

Effect of Extrajudicial Partition and Property Registration

Although petitioners executed an extrajudicial partition and obtained Torrens titles solely in their names, such acts did not amount to valid repudiation of co-ownership vis-à-vis the respondents. Owners’ registration of property under the Torrens system constitutes constructive notice of ownership but does not give shelter to fraud or allow the extinguishment of others’ rights in the property without proper repudiation. The respondents promptly filed their partition action in 1973, shortly after becoming aware of the registration, thus preserving their rights.

Final Ruling and Legal Reasoning

The Supreme Court affirmed the Court of Appeals decision, holding that:

  • The responde

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