Case Summary (G.R. No. L-28248)
Factual Background
Lucio Perido's first marriage to Benita Talorong produced three children: Felix, Ismael, and Margarita, while his second marriage to Marcelina Baliguat produced five: Eusebio, Juan, Maria, Sofronia, and Gonzalo. After the death of both spouses, a “Declaration of Heirship and Extra-Judicial Partition” was executed in 1960, dividing various properties. The first marriage's descendants later contested this partition, alleging misrepresentation and claiming the properties were solely conjugal assets of the first marriage.
Lower Court Proceedings
Initially, the Court of First Instance of Negros Occidental annulled the "Declaration of Heirship and Extra-Judicial Partition" but did not declare an exclusive partition among the first marriage's descendants. The court found that the children of the second marriage were legitimate and that the properties in question were predominantly owned by Lucio Perido, with the exception of some shares relevant to the conjugal partnership formed with Marcelina Baliguat.
Court of Appeals Decision
The petitioners appealed to the Court of Appeals contesting the legitimacy of Lucio Perido's children with Marcelina Baliguat, the claims on various lots, and the determination of Lot No. 458's ownership structure as conjugal. The Court of Appeals found no reversible error in the trial court’s decision and affirmed it in entirety, dismissing the petitioners' arguments.
Legitimacy of the Second Marriage’s Children
The petitioners argued that the children of Lucio and Marcelina were illegitimate due to the timing of their births relative to Lucio's first marriage. However, the appellate court ruled that Lucio had no legal impediment to remarry before the birth of their first child, thus concluding that those born during that union were legitimate.
Ownership of Properties
The second main issue concerned whether the properties were owned solely by Lucio or belonged to the conjugal partnership with Benita Talorong. The Court of Appeals determined the properties listed were inherited by Lucio from his grandmother, thus concluding they were his exclusive assets, which led to their distribution amongst his legal heirs.
Conjugal Property of Lot No. 458
Regarding Lot No. 458, the Court of Appeals upheld that 11/12 of the lot was conjugal property belonging to Lucio Perido and Marcelina Baliguat. The finding rested on the regist
...continue readingCase Syllabus (G.R. No. L-28248)
Case Overview
- The case involves an appeal by certiorari regarding the decision of the Court of Appeals, which upheld a lower court's ruling concerning the estate of the deceased Lucio Perido.
- The parties involved are the petitioners, the children and grandchildren of Lucio Perido's first marriage, and the respondents, the children of his second marriage.
Background of the Case
- Lucio Perido was married twice: first to Benita Talorong, with three children (Felix, Ismael, Margarita), and later to Marcelina Baliguat, with five children (Eusebio, Juan, Maria, Sofronia, Gonzalo).
- Lucio died in 1942, and Marcelina died in 1943. Of Lucio’s children, only Margarita from the first marriage is alive.
- On August 15, 1960, a "Declaration of Heirship and Extra-Judicial Partition" was executed by all children and grandchildren, partitioning various lots among themselves.
- In March 1962, the children of the first marriage sought to annul this partition, claiming misrepresentation and asserting that the children of the second marriage were illegitimate.
Proceedings in Lower Courts
- The Court of First Instance annulled the "Declaration of Heirship," but did not grant exclusive partition among the first marriage's children, ruling that the second marria