Case Summary (G.R. No. 22041)
Petitioners
Corazon Dezoller Tison and Rene R. Dezoller, claiming inheritance by right of representation from their aunt, Teodora Dezoller Guerrero.
Respondents
Court of Appeals (for procedural posture) and Teodora Domingo, who acquired the contested land from Martin Guerrero.
Key Dates
• Death of Teodora Dezoller Guerrero: March 5, 1983
• Affidavit of Extrajudicial Settlement by Martin Guerrero: September 15, 1986
• Sale to Teodora Domingo: January 2, 1988
• Filing of reconveyance suit: November 2, 1988
• RTC order granting demurrer to evidence: December 3, 1992
• CA decision affirming dismissal: June 30, 1995
• Supreme Court decision: May 25, 1998
Applicable Law
• 1987 Philippine Constitution
• Civil Code (Articles 975, 995, 1001 on succession and right of representation)
• Family Code (Article 172 on proof of filiation; Articles 170–171 on legitimacy)
• Rules of Court (Rules 74, 130)
Factual Background
Teodora died intestate and without descendants; her sole survivors were spouse Martin and petitioners (as representatives of their predeceased father, Hermogenes Dezoller). Martin executed an extrajudicial settlement declaring himself sole heir, secured Transfer Certificate of Title No. 358074, and later sold the property to Domingo, who obtained TCT No. 374012. Petitioners filed for reconveyance of half the estate reserved to Martin’s conjugal share.
Procedural History
The trial court granted respondent’s demurrer to evidence, dismissing petitioners’ complaint for reconveyance. The Court of Appeals affirmed. Petitioners elevated the case to the Supreme Court by certiorari.
Issues
- Whether petitioners’ legitimacy and filiation to Teodora Dezoller Guerrero were properly proven.
- Whether the presumption of legitimacy applied and, if so, which party bore the burden of proof.
- Admissibility and sufficiency of petitioners’ documentary and testimonial evidence.
- Proper division of the decedent’s estate between widow and collateral heirs.
Legal Analysis: Presumption of Legitimacy
• A child born in wedlock is presumed legitimate; legitimacy cannot be attacked collaterally but only by direct action within the periods prescribed.
• Respondent, contesting petitioners’ legitimacy, had the burden to rebut the presumption. By filing a demurrer to evidence and presenting no counter-evidence, respondent effectively admitted petitioners’ legitimacy.
Legal Analysis: Declaration of Pedigree
• Petitioner Corazon testified that Teodora, before her death, declared Corazon to be her niece—a cognizable exception to the hearsay rule under Rule 130, Section 39 (pedigree exception).
• Although collateral proof is generally required, an exception exists when one seeks to recover from the declarant’s estate. Teodora’s out-of-court declaration thus sufficed.
• Respondent failed to timely object to baptismal, marriage, death certificates, certifications of destroyed records, joint affidavits, and a family photo; such objections were deemed waived. These documents corroborated the declarant’s statement and established petitioners’ relationship.
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Case Syllabus (G.R. No. 22041)
Facts
- Petitioners Corazon Dezoller Tison and Rene R. Dezoller are niece and nephew of the late Teodora Dezoller Guerrero, who died on March 5, 1983, leaving no ascendants or descendants and survived only by her husband, Martin Guerrero, and the petitioners by right of representation from their deceased father, Hermogenes Dezoller.
- On September 15, 1986, Martin Guerrero executed an Affidavit of Extrajudicial Settlement as sole heir, causing Transfer Certificate of Title No. 358074 to issue in his name over the property originally covered by TCT No. 66886.
- On January 2, 1988, Martin Guerrero sold the entire lot to respondent Teodora Domingo, who obtained TCT No. 374012; Martin died on October 25, 1988.
- Petitioners filed a complaint for reconveyance on November 2, 1988, claiming entitlement to one-half of the property by right of representation and raising ancillary claims for damages and determination of conjugal or separate status of the land.
- At pre-trial, the parties framed issues concerning petitioners’ status as niece and nephew, their right to inherit, annotation of participation on title, entitlement to damages, and classification of the property as conjugal.
- During trial, petitioners presented Corazon Dezoller Tison as sole witness, supported by documentary exhibits (baptismal and death certificates, certifications of destroyed records, affidavits of third-party witnesses, a family picture, and the spouses’ marriage certificate).
- Respondent Teodora Domingo filed a Demurrer to Plaintiff’s Evidence on the ground that petitioners failed to prove their legitimate filiation under Article 172 of the Family Code and that their documentary proofs were hearsay or uncorroborated.
Procedural History
- The Regional Trial Court of Quezon City, Branch 98, granted the demurrer to evidence on December 3, 1992, and dismissed the complaint for reconveyance.
- On June 30, 1995, the Court of Appeals affirmed the RTC’s dismissal, holding that petitioners’ documentary proofs were inadmissible and insufficient to establish filiation.
- Petitioners filed a pet