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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
April-2003 Jurisprudence                 

  • A.C. No. 4984 April 1, 2003 - JULITO D. VITRIOLO, ET AL. v. FELINA DASIG

  • A.M. No. MTJ-03-1485 April 1, 2003 - FIDEL ISIP, JR. v. VALENTINO B. NOGOY

  • A.M. Nos. P-02-1620, P-02-1621, P-02-1622 & P-96-1194 April 1, 2003 - MELINDA F. PIMENTEL v. PERPETUA SOCORRO M. DE LEOZ

  • A.M. No. P-02-1643 April 1, 2003 - DIMAS ABALDE v. ANTONIO ROQUE

  • G.R. No. 137782 April 1, 2003 - PEOPLE OF THE PHIL. v. ARTURO R. NICOLAS

  • G.R. No. 138470 April 1, 2003 - PEOPLE OF THE PHIL. v. ARTEMIO GARCIA

  • G.R. No. 143084 April 1, 2003 - PEOPLE OF THE PHIL. v. JOSE TORELLOS

  • G.R. No. 148635 April 1, 2003 - MARILLA MAYANG CAVILE, ET AL. v. HEIRS OF CLARITA CAVILE, ET AL.

  • G.R. No. 149453 April 1, 2003 - PEOPLE OF THE PHIL., ET AL. v. PANFILO M. LACSON

  • A.M. No. 01-1-13-RTC April 2, 2003 - RE: Report on the Examination of the Cash and Accounts

  • A.M. No. P-02-1545 April 2, 2003 - ZENAIDA C. GUTIERREZ, ET AL. v. RODOLFO V. QUITALIG

  • G.R. No. 139412 April 2, 2003 - PEOPLE OF THE PHIL. v. RONALD CASTILLANO, ET AL.

  • G.R. Nos. 149028-30 April 2, 2003 - PEOPLE OF THE PHIL. v. ARMANDO CABALLERO, ET AL.

  • G.R. No. 149893 April 2, 2003 - PEOPLE OF THE PHIL. v. MELCHOR RABAGO

  • A.C. No. 4958 April 3, 2003 - FIDEL D. AQUINO v. OSCAR MANESE

  • A.M. No. MTJ-02-1436 April 3, 2003 - JAIME C. TARAN v. JOSE S. JACINTO

  • A.M. No. P-02-1595 April 3, 2003 - TIMOTEO M. CASANOVA, JR. v. FELIZARDO P. CAJAYON

  • A.M. No. P-02-1650 April 3, 2003 - ZENAIDA REYES-MACABEO v. FLORITO EDUARDO V. VALLE

  • G.R. Nos. 111098-99 April 3, 2003 - PEOPLE OF THE PHIL. v. PIO BISO

  • G.R. Nos. 143976 & 145846 April 3, 2003 - SPS. OSCAR and HAYDEE BADILLO v. ARTURO G. TAYAG, ET AL.

  • G.R. No. 144444 April 3, 2003 - STATE INVESTMENT TRUST v. DELTA MOTORS CORP.

  • G.R. No. 150978 April 3, 2003 - POWTON CONGLOMERATE v. JOHNNY AGCOLICOL

  • G.R. No. 155875 April 3, 2003 - AGAPITO CRUZ FIEL, ET AL. v. KRIS SECURITY SYSTEMS, INC., ET AL.

  • A.M. No. MTJ-03-1482 April 4, 2003 - ILUMINADA SANTILLAN VDA. DE NEPOMUCENO v. NICASIO V. BARTOLOME

  • A.M. No. P-03-1690, MTJ-01-1363 & 01-12-02-SC April 4, 2003 - ESTRELLITA M. PAAS v. EDGAR E. ALMARVEZ

  • G.R. No. 108405 April 4, 2003 - JAIME D. VIERNES, ET AL. v. N;RC, ET AL.

  • G.R. No. 117020 April 4, 2003 - VIRON TRANSPORTATION CO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125938 April 4, 2003 - PEOPLE OF THE PHIL. v. JOEL JANSON, ET AL.

  • G.R. No. 140756 April 4, 2003 - PEOPLE OF THE PHIL. v. JUAN GONZALES ESCOTE, ET AL.

  • G.R. No. 141631 April 4, 2003 - PEOPLE OF THE PHIL. v. FERDINAND FRANCISCO

  • G.R. No. 143135 April 4, 2003 - REPUBLIC OF THE PHIL. v. DAMAYAN NG PUROK 14, INC.

  • G.R. No. 143779 April 4, 2003 - FRANCISCA L. MARQUEZ v. SIMEON BALDOZ

  • G.R. Nos. 145309-10 April 4, 2003 - PEOPLE OF THE PHIL. v. VIRGILIO FLORES

  • G.R. Nos. 144476 & 144629 April 8, 2003 - ONG YONG, ET AL. v. DAVID. S. TIU, ET AL.

  • G.R. No. 149022 April 8, 2003 - CARMENCITA D. CORONEL v. ANIANO A. DESIERTO, ET AL.

  • A.M. No. MTJ-02-1428 April 9, 2003 - ARFRAN L. QUIÑONES v. FRANCISCO H. LOPEZ

  • A.M. No. P-02-1580 April 9, 2003 - RENE ESPINA v. JUAN A. GATO

  • A.M. No. RTJ-01-1630 April 9, 2003 - HEINZ R. HECK v. ANTHONY E. SANTOS

  • G.R. No. 119255 April 9, 2003 - TOMAS K. CHUA v. COURT OF APPEALS, ET AL.

  • G.R. No. 126968 April 9, 2003 - RICARDO BALUNUECO v. COURT OF APPEALS, ET AL.

  • G.R. No. 128568 April 9, 2003 - SPS. REYNALDO and ESMERALDA ALCARAZ v. PEDRO M. TANGGA-AN, ET AL.

  • G.R. No. 132371 April 9, 2003 - PEOPLE OF THE PHIL. v. DANILO Q. SIMBAHON

  • G.R. No. 133003 April 9, 2003 - PEOPLE OF THE PHIL. v. LAWRENCE MACAPANPAN, ET AL.

  • G.R. No. 141258 April 9, 2003 - TOMASA SARMIENTO v. SPS. LUIS & ROSE SUN-CABRIDO ET AL.

  • G.R. Nos. 141314 & 141369 April 9, 2003 - REPUBLIC OF THE PHIL. REPRESENTED BY ENERGY REGULATORY BOARD v. MERALCO

  • G.R. No. 143004 April 9, 2003 - PEOPLE OF THE PHIL. v. DANTE CLIDORO

  • G.R. No. 143432 April 9, 2003 - PEOPLE OF THE PHIL. v. TERENCIO L. FUNESTO

  • G.R. No. 146034 April 9, 2003 - PEOPLE OF THE PHIL. v. LASTIDE A. SUBE, ET AL.

  • G.R. No. 146815 April 9, 2003 - HEIRS OF PEDRO, ET AL. v. STERLING TECHNOPARK III ET AL.

  • G.R. No. 147468 April 9, 2003 - SPS. EDUARDO & JOSEFINA DOMINGO v. LILIA MONTINOLA ROCES, ET AL.

  • G.R. No. 147745 April 9, 2003 - MARIA BUENA OBRA v. SOCIAL SECURITY SYSTEM

  • G.R. No. 148727 April 9, 2003 - SPS. HERMOGENA AND JOSE ENGRESO v. NESTORIA DE LA CRUZ, ET AL.

  • G.R. No. 149038 April 9, 2003 - PHIL. AMERICAN GENERAL INSURANCE COMPANY v. PKS SHIPPING COMPANY

  • G.R. No. 149110 April 9, 2003 - NATIONAL POWER CORPORATION v. CITY OF CABANATUAN

  • G.R. No. 149422 April 10, 2003 - DEPARTMENT OF AGRARIAN REFORM v. APEX INVESTMENT AND FINANCING CORP.

  • G.R. No. 149578 April 10, 2003 - EVELYN TOLOSA v. NLRC, ET AL.

  • G.R. No. 143540 April 11, 2003 - JOEL G. MIRANDA v. ANTONIO C. CARREON, ET AL.

  • G.R. No. 148138 April 11, 2003 - PEOPLE OF THE PHIL. v. JOHNNY VIAJEDOR

  • A.M. No. P-02-1645 April 21, 2003 - GILBERT HOWARD M. ATIENZA v. JOSEPHINE V. DINAMPO

  • A.M. No. P-03-1695 April 21, 2003 - ARTEMIO H. QUIDILLA v. JUNAR G. ARMIDA

  • A.M. No. RTJ-03-1756 April 22, 2003 - AURORA S. GONZALES v. VICENTE A. HIDALGO

  • G.R. No. 127745 April 22, 2003 - FELICITO G. SANSON, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129163 April 22, 2003 - VOLTAIRE ARBOLARIO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 138650-58 April 22, 2003 - PEOPLE OF THE PHIL. v. IGNACIO SINORO

  • G.R. No. 140707 April 22, 2003 - NORGENE POTENCIANO, ET AL. v. DWIGHT "IKE" B. REYNOSO, ET AL.

  • G.R. No. 146942 April 22, 2003 - CORAZON G. RUIZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 152329 April 22, 2003 - ALEJANDRO ROQUERO v. PHILIPPINE AIRLINES, INC.

  • A.M. No. RTJ-03-1763 April 24, 2003 - JOSE B. TIONGCO v. FLORENTINO P. PEDRONIO

  • A.M. No. RTJ-03-1770 April 24, 2003 - MELISSA E. MAÑO v. CAESAR A. CASANOVA

  • G.R. No. 123968 April 24, 2003 - URSULINA GANUELAS, ET AL. v. ROBERT T. CAWED, ET AL.

  • G.R. No. 137182 April 24, 2003 - PEOPLE OF THE PHIL. v. ABDILA L. SILONGAN, ET AL.

  • G.R. Nos. 137458-59 April 24, 2003 - PEOPLE OF THE PHIL. v. JESUS G. BATOCTOY, ET AL.

  • G.R. No. 137601 April 24, 2003 - PEOPLE OF THE PHIL. v. WINCHESTER ABUT, ET AL.

  • G.R. No. 139230 April 24, 2003 - PEOPLE OF THE PHIL. v. MANUEL DANIELA, ET AL.

  • G.R. No. 143672 April 24, 2003 - COMMISSIONER OF INTERNAL REVENUE v. GENERAL FOODS (PHILS.), INC.

  • G.R. No. 145915 April 24, 2003 - PEOPLE OF THE PHIL. v. VILMA Z. ALMENDRAS, ET AL.

  • G.R. No. 147038 April 24, 2003 - RICHARD TEH v. COURT OF APPEALS, ET AL.

  • A.M. No. MTJ-01-1370 April 25, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. AGUSTIN T. SARDIDO

  • G.R. No. 118749 April 25, 2003 - SPS LORENZO and LORENZA FRANCISCO v. COURT OF APPEALS, ET AL.

  • G.R. No. 141187 April 28, 2003 - PEOPLE OF THE PHIL. v. RONNIE A. MACTAL

  • A.C. No. 5225 April 29, 2003 - SPS. WILFREDO & LYDIA BOYBOY v. VICTORIANO R. YABUT, JR.

  • A.M. No. MTJ-02-1453 April 29, 2003 - EDITHA PALMA GIL v. FRANCISCO H. LOPEZ, JR.

  • A.M. No. P-02-1615 April 29, 2003 - PEDRO MAGNAYE v. ERIBERTO R. SABAS

  • G.R. No. 119858 April 29, 2003 - EDWARD C. ONG v. COURT OF APPEALS, ET AL.

  • G.R. No. 122363 April 29, 2003 - VICTOR G. VALENCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 127002 April 29, 2003 - JEREMIAS L. DOLINO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 135394 April 29, 2003 - JOSE V. DELA RAMA v. FRANCISCO G. MENDIOLA, ET AL.

  • G.R. No. 139841 April 29, 2003 - EMILIO C. VILLAROSA v. DEMOSTHENES L. MAGALLANES, ET AL.

  • G.R. No. 141518 April 29, 2003 - PEOPLE OF THE PHIL. v. CLARENCE ASTUDILLO, ET AL.

  • G.R. No. 142015 April 29, 2003 - RURAL BANK OF STA. IGNACIA v. PELAGIA DIMATULAC

  • G.R. No. 147230 April 29, 2003 - PEOPLE OF THE PHIL. v. REYNALDO R. REMERATA

  • G.R. No. 150656 April 29, 2003 - MARGARITA ROMUALDEZ-LICAROS v. ABELARDO B. LICAROS

  • A.C. No. 4724 April 30, 2003 - GORETTI ONG v. JOEL M. GRIJALDO

  • A.M. No. CA-99-9-P April 30, 2003 - MAGTANGGOL GABRIEL v. VIRGINIA C. ABELLA, ET AL.

  • A.M. No. P-00-1445 April 30, 2003 - MEDARDO M. PADUA v. IRENEO S. PAZ

  • A.M. No. P-02-1599 April 30, 2003 - LEANDRO T. LOYAO v. MAMERTO J. CAUBE, ET AL.

  • A.M. No. P-02-1600 April 30, 2003 - DOMINADOR. AREVALO, ET AL. v. EDGARDO S. LORIA, ET AL.

  • A.M. No. P-03-1696 April 30, 2003 - CIVIL SERVICE COMMISSION v. ZENAIDA T. STA. ANA

  • A.M. RTJ No. 03-1761 April 30, 2003 - JOSE B. CUSTODIO v. JESUS V. QUITAIN

  • A.M. No. RTJ-03-1775 April 30, 2003 - ISAGANI A. CRUZ v. PHILBERT I. ITURRALDE

  • A.M. No. RTJ-03-1779 April 30, 2003 - JOVENCITO R. ZUÑO, ET AL. v. ARNULFO G. CABREDO

  • G.R. Nos. 107789 & 147214 April 30, 2003 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN ET AL.

  • G.R. No. 116326 April 30, 2003 - PEOPLE OF THE PHIL. v. ROBERT LEE, ET AL.

  • G.R. No. 121211 April 30, 2003 - PEOPLE OF THE PHIL. v. RONETO DEGAMO

  • G.R. No. 121637 April 30, 2003 - PEOPLE OF THE PHIL. v. EDGARDO GREFALDIA

  • G.R. No. 125761 April 30, 2003 - SALVADOR P. MALBAROSA v. COURT OF APPEALS, ET AL.

  • G.R. No. 126568 April 30, 2003 - QUIRINO GONZALES LOGGING CONCESSIONAIRE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126911 April 30, 2003 - PHIL. DEPOSIT INSURANCE CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127141 April 30, 2003 - SPS. EMMANUEL and MELANIE LANTIN v. COURT OF APPEALS, ET AL.

  • G.R. No. 128378 April 30, 2003 - PEOPLE OF THE PHIL. v. ROBERT GOMEZ, ET AL.

  • G.R. No. 128512 & 128963 April 30, 2003 - DARIO P. BELONGHILOT v. RTC OF ZAMBOANGA DEL NORTE

  • G.R. No. 129090 April 30, 2003 - RICARDO B. GONZALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 129895 April 30, 2003 - PEOPLE OF THE PHIL. v. ARMANDO C. DALAG

  • G.R. No. 134940 April 30, 2003 - PEOPLE OF THE PHIL. v. CATALINO MELENDRES

  • G.R. No. 138266 April 30, 2003 - PEOPLE OF THE PHIL. v. PEDRO CABRERA, JR.

  • G.R. No. 139876 April 30, 2003 - WILLIAM TIU and/or THE ROUGH RIDERS v. JULIO PASAOL, ET AL.

  • G.R. No. 140753 April 30, 2003 - BENJAMIN S. SANTOS v. ELENA VELARDE, ET AL.

  • G.R. No. 141375 April 30, 2003 - MUNICIPALITY OF KANANGA v. FORTUNITO L. MADRONA, ET AL.

  • G.R. No. 142435 April 30, 2003 - ESTELITA BURGOS LIPAT, ET AL. v. PACIFIC BANKING CORP., ET AL.

  • G.R. No. 142591 April 30, 2003 - JOSEPH CHAN, ET AL. v. BONIFACIO S. MACEDA

  • G.R. Nos. 144445-47 April 30, 2003 - PEOPLE OF THE PHIL. v. GENARO BIONG

  • G.R. No. 146099 April 30, 2003 - PEOPLE OF THE PHIL. v. JIMMEL SANIDAD, ET AL.

  • G.R. No. 146481 April 30, 2003 - ARTURO G. RIMORIN, SR. v. PEOPLE OF THE PHIL.

  • G.R. Nos. 146685-86 April 30, 2003 - PEOPLE OF THE PHIL. v. BENJAMIN M. HILET

  • G.R. Nos. 146862-64 April 30, 2003 - PEOPLE OF THE PHIL. v. GAUDENCIO D. UMBAÑA

  • G.R. No. 146886 April 30, 2003 - DEVORAH E. BARDILLON v. BARANGAY MASILI of Calamba, Laguna

  • G.R. No. 146923 April 30, 2003 - BANK OF THE PHILIPPINE ISLANDS v. COURT OF APPEALS, ET AL.

  • G.R. No. 147033 April 30, 2003 - PEOPLE OF THE PHIL. v. MARIO UMAYAM

  • G.R. Nos. 148394-96 April 30, 2003 - PEOPLE OF THE PHIL. v. ROGER ELIARDA

  • G.R. No. 150179 April 30, 2003 - HEIRS OF WILLIAM SEVILLA, ET AL. v. LEOPOLDO SEVILLA, ET AL.

  • G.R. Nos. 150820-21 April 30, 2003 - SPS. ANTONIO and GENOVEVA BALANON-ANICETE, ET AL. v. PEDRO BALANON

  • G.R. No. 154037 April 30, 2003 - IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF BENJAMIN VERGARA, ET AL.

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    G.R. No. 129163   April 22, 2003 - VOLTAIRE ARBOLARIO, ET AL. v. COURT OF APPEALS, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. No. 129163. April 22, 2003.]

    VOLTAIRE ARBOLARIO, LUCENA ARBOLARIO TA-ALA, FE ARBOLARIO, EXALTACION ARBOLARIO, CARLOS ARBOLARIO, and Spouses ROSALITA RODRIGUEZ and CARLITO SALHAY, Petitioners, v. COURT OF APPEALS, IRENE COLINCO, RUTH COLINCO, ORPHA COLINCO and GOLDELINA COLINCO, Respondents.

    D E C I S I O N


    PANGANIBAN, J.:


    Once a valid marriage is established, it is deemed to continue until proof that it has been legally ended is presented. Thus, the mere cohabitation of the husband with another woman will not give rise to a presumption of legitimacy in favor of the children born of the second union, until and unless there be convincing proof that the first marriage had been lawfully terminated; and the second, lawfully entered into.chanrobles.com : virtuallawlibrary

    The Case


    Before us is a Petition for Review 1 under Rule 45 of the Rules of Court, challenging the February 28, 1995 Decision 2 and the March 5, 1997 Resolution 3 of the Court of Appeals (CA) in CA-GR No. 38583. The assailed Decision disposed as follows:jgc:chanrobles.com.ph

    "WHEREFORE, premises considered, the judgment appealed from is hereby REVERSED and a new one is accordingly entered —

    "(a) in Civil Case No. 385, DISMISSING the complaint and [counter-claim];

    "(b) in Civil Case No. 367, ORDERING the defendant spouses to vacate the premises occupied within Lot 323, Ilog Cadastre, registered under T.C.T. No. 140081 in favor of Irene Colinco, Ruth Colinco, Orpha Colinco and Goldelina Colinco." 4

    On the other hand, the assailed Resolution denied reconsideration. 5

    The Facts


    The facts of the case are summarized by the CA as follows:jgc:chanrobles.com.ph

    "The original owners of the controverted lot, spouses Anselmo Baloyo and Macaria Lirazan had five (5) children, namely: (1) Agueda Colinco, (2) Catalina Baloyo, (3) Eduardo Baloyo, Gaudencia Baloyo, and (5) Julian Baloyo. All of the above-named persons are now dead.

    "The first child, Agueda Colinco, was survived by her two children, namely, Antonio Colinco and [respondent] Irene Colinco. Antonio Colinco predeceased his three daughters, herein [respondents], Ruth, Orpha, and Goldelina, all surnamed Colinco.

    "The second child, Catalina Baloyo, was married to Juan Arbolario. Their union was blessed with the birth of only one child, Purificacion Arbolario, who, in 1985, died a spinster and without issue.

    "Records disclose moreover that decedent Purificacion’s father, Juan Arbolario, consorted with another woman by the name of Francisca Malvas. From this cohabitation was born the [petitioners], viz, Voltaire Arbolario, Lucena Arbolario Taala, Fe Arbolario, Exaltacion Arbolario, and Carlos Arbolario (referred to hereinafter as "Arbolarios’). It is significant to note, at this juncture, that all the foregoing [petitioners] were born well before the year 1951.

    "In 1946, it appears that the third child, Eduardo Baloyo, sold his entire interest in Lot 323 to his sister, Agueda Baloyo Colinco, by virtue of a notarized document acknowledged before Notary Public Deogracias Riego.

    "In 1951, a notarized declaration of heirship was executed by and between Agueda, Catalina, Gaudencia, and their brothers Eduardo and Julian, who extrajudicially declared themselves to be the only heirs of the late spouses Anselmo Baloyo and Macaria Lirazan. The fourth child, Gaudencia Baloyo, conveyed her interest in the said lot in favor of her two nieces, Irene Colinco to one-half (1/2) and Purificacion Arbolario to the other half.

    "And as far as Julian Baloyo — the fifth and last child was concerned, records could only show that he was married to a certain Margarita Palma; and that he died, presumably after 1951 without any issue.

    "Purificacion Arbolario was then allowed to take possession of a portion of the disputed parcel until her death sometime in 1984 or 1985.

    "It was under the foregoing set of facts that [respondents] Irene Colinco, Ruth Colinco, Orpha Colinco, and Goldelina Colinco, believing themselves to be the only surviving heirs of Anselmo Baloyo and Macaria Lirazan, executed a ‘Declaration of Heirship and Partition Agreement’, dated May 8, 1987 where they adjudicated upon themselves their proportionate or ideal shares in O.C.T. No. 16361, viz: Irene Colinco, to one-half (1/2); while the surviving daughters of her (Irene’s) late brother Antonio, namely Ruth, Orpha, and Goldelina Colinco, to share in equal, ideal proportions to the remaining half (1/2). This forthwith brought about the cancellation of O.C.T. No. 16361, and the issuance of T.C.T. No. T-140018 in their names and conformably with the aforesaid distribution.

    "On October 2, 1987, the Colincos filed Civil Case No. 367 against Spouses Rosalita Rodriguez Salhay and Carlito Salhay, seeking to recover possession of a portion of the aforesaid lot occupied by [respondent] spouses (’Salhays’ hereinafter) since 1970.

    "The Salhays alleged in their defense that they have been the lawful lessees of the late Purificacion Arbolario since 1971 up to 1978; and that said spouses allegedly purchased the disputed portion of Lot No. 323 from the deceased lessor sometime in [September] 1978.

    "Meanwhile, or on May 9, 1988 — before Civil Case No. 367 was heard and tried on the merits — Voltaire M. Arbolario, Fe Arbolario, Lucena Arbolario Ta-ala; Exaltacion Arbolario, Carlos Arbolario (’Arbolarios’, collectively) and spouses Carlito, Salhay and Rosalita Rodriguez Salhay (the same defendants in Civil Case No. 367), filed Civil Case No. 385 ‘[f]or Cancellation of Title with Damages’, against the plaintiffs in Civil Case No. 367. The Arbolarios, joined by the Salhays, contend that the ‘Declaration of Heirship and Partition Agreement’ executed by the Colincos was defective and thus voidable as they (Arbolarios) were excluded therein. The Arbolarios claim that they succeeded intestate to the inheritance of their alleged half-sister, Purificacion Arbolario; and, as forced heirs, they should be included in the distribution of the aforesaid lot." 6

    Ruling of the Trial Court

    After a full-blown trial on the consolidated cases, the Regional Trial Court (RTC) of Kabankalan, Negros Occidental (Branch 61) 7 rendered its judgment, the dispositive portion of which reads thus:jgc:chanrobles.com.ph

    "WHEREFORE, premises considered, judgment is hereby rendered in favor of the [Arbolarios] and against the [Colincos] in Civil Case No. 385 —

    1) Declaring that the Declaration of Heirship and Partition Agreement, dated May 8, 1987, executed by Irene, Ruth, Orpha and Goldelina, all surnamed Colinco, as null and void and of no effect insofar as the share of Purificacion Arbolario in Lot No. 323 is concerned[;]

    2) Ordering the Register of Deeds of Negros Occidental to cancel Transfer Certificate of Title No. T-140018 and issue a new one in the names of Voltaire Arbolario, Lucena Arbolario Ta-ala, Carlos Arbolario, Fe Arbolario and Exaltacion Arbolario, 3/8 share or One thousand Six Hundred Forty Three Point Five (643.5) square meters, and the remaining 5/8 share or One Thousand Seventy Two Point Five (1,072.5) square meters in the names of Irene Colinco, Ruth Colinco, Orpha Colinco and Goldelina Corlinco or other heirs, if any[;]

    3) Ordering the [Respondents] Irene, Ruth, Orpha and Goldelina, all surnamed Colinco, to pay jointly and severally to [Petitioners] Voltaire M. Arbolario, Et Al., the sum of Ten Thousand Pesos (P10,000.00) as moral damages, Five Thousand Pesos (P5,000.00) as attorney’s fees and the . . . sum of One Thousand Pesos (P1,000.00) as appearance fees; and

    in Civil Case No. 367 —

    1) Ordering the dismissal of [respondents’] complaint and the [petitioners’] counter-claim for lack of legal basis.

    In both cases —

    1) Ordering the Colincos to pay costs." 8

    The trial court held that the Arbolarios were the brothers and the sisters of the deceased Purificacion Arbolario, while the Colincos were her cousins and nieces. Pursuant to Article 1009 of the Civil Code, the Colincos could not inherit from her, because she had half-brothers and half-sisters. Their 1987 Declaration of Heirship and Partition Agreement was made in bad faith, because they knew all along the existence of, and their relationship with, the Arbolarios. The Salhays, on the other hand, had no document to prove their acquisition and possession of a portion of the disputed lot.chanrob1es virtua1 1aw 1ibrary

    Ruling of the Court of Appeals


    On appeal, the CA rejected the contention of petitioners that "the cohabitation of their father with their natural mother, Francisca Malvas, was by virtue of a valid marriage." The appellate court observed that the Arbolarios had all been born before the death of Catalina Baloyo, as shown by the Deed of Declaration of Heirship, which she had executed in 1951. No evidence was ever presented showing that her conjugal union with Juan Arbolario had been judicially annulled or lawfully ended before that year. Because it was also in 1951 when Juan Arbolario cohabited with Francisca Malvas, their union was presumably extramarital. Consequently, their children are illegitimate half-brothers and half-sisters of Purificacion, the daughter of Juan and Catalina.

    Illegitimate children are barred by Article 992 of the Civil Code from inheriting intestate from the legitimate children and relatives of their father or mother. As the illegitimate siblings of the late Purificacion Arbolario, petitioners cannot conveniently undermine the legal limitations by insisting that they were treated as half brothers and half-sisters by the deceased.

    On the other hand, there is no impediment for respondents to declare themselves as the sole and forced heirs of Anselmo Baloyo and Macaria Lirazan. Moreover, there is no clear and reliable evidence to support the allegation of the Salhays that they purchased from the decedent, Purificacion Arbolario, the lot that they have been occupying since 1970.

    Hence, this Petition. 9

    Issues


    In their Memorandum, petitioners raise the following issues for our consideration:chanrob1es virtual 1aw library

    I


    "The Honorable Court of Appeals committed grave and serious error in considering the Arbolarios illegitimate children and not entitled to inherit from their half-sister Purificacion Arbolario.

    II


    "The Honorable Court of Appeals committed grave and serious error in considering the purchase of the property by Rosela Rodriguez and subsequent acquisition by Petitioners Rosalita Rodriguez and Carlito Salhay improper.

    III


    "The Honorable Court of Appeals committed grave and serious error in deciding that the court a quo had no right to distribute the said property." 10

    In other words, petitioners are questioning the CA pronouncements on (1) the illegitimacy of their relationship with Purificacion; (2) the validity of the Salhays’ purchase of a portion of the disputed lot; and (3) the impropriety of the RTC Order partitioning that lot.

    This Court’s Ruling


    The Petition has no merit.

    First Issue:chanrob1es virtual 1aw library

    Illegitimacy of Petitioners

    Petitioners contend that their illegitimacy is a "far-fetched and scurrilous claim" that is not supported by the evidence on record. They maintain that the CA declared them illegitimate on the unproven allegation that Catalina Baloyo had signed the Declaration of Heirship in 1951. They aver that this 1951 Declaration does not contain her signature, and that she died in 1903:jgc:chanrobles.com.ph

    "Que Agueda Baloyo, Catalina Baloyo y Eduardo Baloyo murieron ab intestate en Ilog, Negros Occ.; la primera fallecio en 11 de Noviembre de 1940, la segunda murio el ano 1903 y el ultimo en 28 de Marzo de 1947 . . .." 11

    We are not persuaded.

    We begin our ruling with the general principle that the Supreme Court is not a trier of facts. 12 However, where the trial court and the CA arrived at different factual findings, a review of the evidence on record may become necessary. 13

    Petitioners, in effect, are asking us to evaluate the 1951 Declaration of Heirship, deduce that Catalina Baloyo had long been dead before it was ever executed, and conclude that the Arbolarios are legitimate half-brothers and half-sisters of Juan and Catalina’s only daughter, Purificacion. What we see, on the other hand, is a series of non sequiturs.

    First, a review of the 1951 Declaration reveals that the year of Catalina’s death was intercalated. The first two numbers (1 and 9) and the last digit (3) are legible; but the third digit has been written over to make it look like a "0." Further, the paragraph quoted by petitioners should show a chronological progression in the heirs’ years of death: Agueda died in 1940 and Eduardo in 1947. Hence, if Catalina had indeed died in 1903, why then was her name written after Agueda’s and not before it? Moreover, the document, being in Spanish, requires an official translation. We cannot readily accept the English translation proffered by petitioners, since respondents did not agree to its correctness. Besides, it consisted of only a paragraph of the whole document.

    Second, there is no solid basis for the argument of petitioners that Juan Arbolario’s marriage to Francisca Malvas was valid, supposedly because Catalina Baloyo was already dead when they were born. It does not follow that just because his first wife has died, a man is already conclusively married to the woman who bore his children. A marriage certificate or other generally accepted proof is necessary to establish the marriage as an undisputable fact.

    Third, clear and substantial evidence is required to support the claim of petitioners that they were preterited from the 1951 Declaration of Heirship. The RTC Decision merely declared that they were half-brothers and half-sisters of Purificacion, while respondents were her cousins and nieces (collateral relatives). It made no pronouncement as to whether they were her legitimate or illegitimate siblings. We quote the appellate court:jgc:chanrobles.com.ph

    ". . . . Therefore, in the absence of any fact that would show that conjugal union of Juan Arbolario and Catalina Baloyo had been judicially annulled before 1951, or before Juan Arbolario cohabited with Francisca Malvas, it would only be reasonable to conclude that the foregoing union which resulted in the birth of the [Arbolarios] was extra-marital. And consequently, . . . Voltaire Arbolario, Et Al., are illegitimate children of Juan Albolario.

    "There is no presumption of legitimacy or illegitimacy in this jurisdiction (Article 261, New Civil Code); and whoever alleges the legitimacy or illegitimacy of a child born after the dissolution of a prior marriage or the separation of the spouses must introduce such evidence to prove his or her allegation (Ibid.; Sec. 4, Rule 131, New Rules on Evidence). It is the . . . Arbolarios, claiming to be born under a validly contracted subsequent marriage, who must show proof of their legitimacy. But this, they have miserably failed to do." 14

    Paternity or filiation, or the lack of it, is a relationship that must be judicially established. 15 It stands to reason that children born within wedlock are legitimate. 16 Petitioners, however, failed to prove the fact (or even the presumption) of marriage between their parents, Juan Arbolario and Francisca Malvas; hence, they cannot invoke a presumption of legitimacy in their favor.

    As it is, we have to follow the settled rule that the CA’s factual findings cannot be set aside, because they are supported by the evidence on record. 17 As held by the appellate court, without proof that Catalina died in 1903, her marriage to Juan is presumed to have continued. Even where there is actual severance of the filial companionship between spouses, their marriage subsists, and either spouse’s cohabitation with any third party cannot be presumed to be between "husband and wife." 18

    Second Issue:chanrob1es virtual 1aw library

    Evidence of Purchase

    Petitioners contend that the CA committed a serious error when it disregarded the testimony that the Salhays had purchased the portion of the lot they had been occupying since 1970. This issue, according to them, was not even raised by respondents in the latter’s appeal to the CA.

    We disagree. Although the sale was not expressly assigned as an error in their Brief, respondents (as petitioners in the CA) still assailed the existence of the sale when they argued thus:jgc:chanrobles.com.ph

    "As to the spouses Carlito Salhay and Rosalita R. Salhay, they could not present any written contract to support their claim to having purchased a portion of Lot 323 where their house stands. Rosalita R. Salhay on the witness stand testified under oath that she has no contract of sale in her favor because it was her mother, Rosela Rodriguez who had purchased the land, but she was not able to produce any evidence of such sale in favor of her mother. She declared that she has never paid land taxes for the land." 19

    Hence, they prayed for the reversal of the appealed RTC Decision in toto. The CA, on the other hand, categorically ruled that "no clear and reliable evidence had been introduced to prove such bare [allegation]" that a portion of the disputed lot had ever been purchased by the Salhays. Besides, no favorable supporting evidence was cited by petitioners in their Memorandum. Thus, we find no reason to overturn the CA’s factual finding on this point.

    Third Issue:chanrob1es virtual 1aw library

    Partition

    Petitioners also contend that the Court of Appeals overstepped its bounds when it ruled that since respondents did not raise the issue of partition on appeal, the RTC had no jurisdiction to divide the disputed lot. The CA held, however, that the partition of the property had not been contemplated by the parties, because respondents merely sought recovery of possession of the parcel held by the Salhays, while petitioners sought the annulment of the Deed of Partition respondents had entered into.

    We agree with the appellate court. The purpose of partition is to put an end to co-ownership. It seeks a severance of the individual interests of co-owners, vesting in each of them a sole estate in a specific property and a right to enjoy the allotted estate without supervision or interference. 20

    Petitioners in this case were unable to establish any right to partition, because they had failed to establish that they were legitimate half-brothers and half-sisters of the deceased Purificacion. Questions as to the determination of the heirs of a decedent, the proof of filiation, and the determination of the estate of a decedent and claims thereto should be brought up before the proper probate court or in special proceedings instituted for the purpose. Such issues cannot be adjudicated in an ordinary civil action for the recovery of ownership and possession. 21

    WHEREFORE, the Petition is DENIED, and the appealed Decision AFFIRMED. Costs against petitioners.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Puno, Sandoval-Gutierrez, Corona and Carpio Morales, JJ., concur.

    Endnotes:



    1. Rollo, pp. 10–22.

    2. Promulgated by the Twelfth Division of the Court of Appeals; penned by Justice Ricardo P. Galvez and concurred in by Justices Alfredo L. Benipayo (Division chairman) and Romeo J. Callejo Sr. (member, now a justice of this Court).

    3. Penned by Justice Ricardo P. Galvez and concurred in by Justices Romeo J. Callejo Sr. and Celia L. Reyes.

    4. Assailed Decision, p. 8; rollo, p. 35.

    5. Rollo, p. 39.

    6. Assailed Decision, pp. 1–3; rollo, pp. 28–30. Citations omitted.

    7. Presided by Judge Rodolfo S. Layumas.

    8. RTC Decision, pp. 14–15; CA rollo, pp. 48–49.

    9. The case was deemed submitted for decision on December 11, 2001, upon this Court’s receipt of private respondents’ Memorandum and Compliance signed by Arty. Ivan G. Nemenzo. Petitioners’ Memorandum and Compliance, signed by Atty. Raymundo T. Pandan Jr. of the Valencia Law Offices, was received by this Court on July 19, 2000.

    10. Petitioners’ Memorandum and Compliance, p. 5; rollo, p. 108. Original in upper case.

    11. Id., pp. 7–8 & 110–111.

    12. Tecson v. Sandiganbayan, 318 SCRA 80, 91, November 16, 1999; Union Insurance Society of Canton v. Court of Appeals, 260 SCRA 431, 440, August 8, 1996.

    13. Lustan v. Court of Appeals, 266 SCRA 663, 670, January 27, 1997.

    14. Assailed Decision, p. 6; rollo, p. 33.

    15. De Asis v. Court of Appeals, 303 SCRA 176, 183, February 15, 1999.

    16. Tison v. Court of Appeals, 276 SCRA 582, 591, July 31, 1997.

    17. Ceremonia v. Court of Appeals, 314 SCRA 731, 739, September 21, 1999

    18. Niñal v. Bayado, 328 SCRA 122, 133, March 14, 2000.

    19. Appellants’ Brief, p. 9; CA rollo, p. 25.

    20. Noceda v. Court of Appeals, 313 SCRA 504, September 2, 1999.

    21. Agapay v. Palang, 276 SCRA 340, 350-351, July 28,1997.

    G.R. No. 129163   April 22, 2003 - VOLTAIRE ARBOLARIO, ET AL. v. COURT OF APPEALS, ET AL.


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