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Perido Vs Perido Digest

This case involves a dispute over property between the children of Lucio Perido's first marriage and the children of his second marriage to Marcelina Baliguat. Lucio had three children with his first wife Benita Talorong and five children with Marcelina. After Lucio's death, his children from both marriages executed a document partitioning property, but Lucio's children from his first marriage later argued this should be annulled. The lower court annulled the partition but found that Marcelina's five children were legitimate. The Court of Appeals affirmed this decision. The Supreme Court also upholds the legitimacy of Marcelina's five children, applying the legal presumption of marriage based on their parents cohabiting as husband and

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296 views2 pages

Perido Vs Perido Digest

This case involves a dispute over property between the children of Lucio Perido's first marriage and the children of his second marriage to Marcelina Baliguat. Lucio had three children with his first wife Benita Talorong and five children with Marcelina. After Lucio's death, his children from both marriages executed a document partitioning property, but Lucio's children from his first marriage later argued this should be annulled. The lower court annulled the partition but found that Marcelina's five children were legitimate. The Court of Appeals affirmed this decision. The Supreme Court also upholds the legitimacy of Marcelina's five children, applying the legal presumption of marriage based on their parents cohabiting as husband and

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Doris Marie
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© © All Rights Reserved
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Perido vs Perido

Appeal by Certiorari from the decision of CA when it affirmed the NegOcc CFI.

FACTS:
Lucio Perido married twice.
Benita Talorong where he begot 3 children – Felix, Ismael and Margarita.
Benita died.
Lucio married Marcelina Baliguat where he begot 5 children – Eusebio, Juan, Maria,
Sofronia and Gonzalo.
Lucio died in 1942 then Marcelina died in 1943.
When the case was instituted, only Margarita Perido is alive among his 3 children from
his first wife. Felix and Ismael were survived by their children.
Of his 5 children by his second wife, Eusebio and Juan were survived by their children.
August 15, 1960, the children and grandchildren of the first and second marriages of
Lucio Perido executed a document denominated as "Declaration of Heirship and Extra-
judicial Partition," whereby they partitioned among themselves Lots in Himamaylan,
Negros Occidental.
Evidently the children belonging to the first marriage of Lucio Perido had second
thoughts about the partition.
On March 8, 1962 they filed a complaint in the Court of First Instance of Negros
Occidental, which complaint was later amended on February 22, 1963, against the children
of the second marriage, praying for the annulment of the so-called "Declaration of
Heirship and Extra-Judicial Partition" and for another partition of the lots mentioned
therein among the plaintiffs alone.
They alleged, :

1. They had been induced by the defendants to execute the document in question through
misrepresentation, false promises and fraudulent means; that the lots which were
partitioned in said document belonged to the conjugal partnership of the spouses
Lucio Perido and Benita Talorong;
2. that the five children of Lucio Perido with Marcelina Baliguat were all
illegitimate and therefore had no successional rights to the estate of Lucio
Perido, who died in 1942. The defendants denied the foregoing allegations.

Lower Court Decision: ANNULED the "Declaration of Heirship and Extra-Judicial


Partition." However, it did not order the partition of the lots involved among the
plaintiffs exclusively in view of its findings that the five children of Lucio Perido
with his second wife, Marcelina Baliguat, were legitimate.
Plaintiffs appealed to the CA:
Alleging that lower court erred:
(1) in declaring that Eusebio Perido, Juan Perido, Maria Perido, Sofronia Perido and
Gonzalo Perido, were the legitimate children of Lucio Perido and his second wife,
Marcelina Baliguat;
(2) in declaring that Lucio Perido was the exclusive owner real properties in question
located in Himaymaylan, Negros Occidental; and in not declaring that said lots were the
conjugal partnership property of Lucio Perido and his first wife, Benita Talorong; and
(3) in holding that 11/12 of Lot 458 was the conjugal partnership property of Lucio
Perido and Marcelina Baliguat.

CA Affirmed in toto finding no reversible error in the decision of the lower court.
Appelants MR – DENIED.
Hence, this petition. Reiterating the assignments of error

ISSUE: Whether or not the 5 children of Lucio and Marcelina are legitimate.

HELD: Yes, the 5 children if Lucio and Marcelina are all legitimate.
Guided by the legal maxim “Always PRESUME Marriage”

Petitioners INSIST: 1. The children were illegitimate on the theory that the first
three were born out of wedlock even before the death of Lucio Perido's first wife, while
the last two were also born out of wedlock and were not recognized by their parents
before or after their marriage.
With respect to the civil status of Lucio Perido as stated in the certificates of title
issued to him in 1923, the Court of Appeals correctly held that the statement was not
conclusive to show that he was not actually married to Marcelina Baliguat. Furthermore,
it is weak and insufficient to rebut the presumption that persons living together husband
and wife are married to each other. This presumption, especially where legitimacy of the
issue is involved, as in this case, may be overcome only by cogent proof on the part of
those who allege the illegitimacy.

While the alleged marriage ceremony in 1925, if true, might tend to rebut the presumption
of marriage arising from previous cohabitation, it is to be noted that both the trial
court and the appellate court did not even pass upon the uncorroborated testimony of
petitioner Leonora Perido on the matter. The reason is obvious. Said witness, when asked
why she knew that Marcelina Baliguat was married to Lucio Perido only in 1925, merely
replied that she knew it because "during the celebration of the marriage by the Aglipayan
priest they got flowers from their garden and placed in the altar." Evidently she was
not even an eyewitness to the ceremony.

In view of the foregoing the Court of Appeals did not err in concluding that the five
children of Lucio Perido and Marcelina Baliguat were born during their marriage and,
therefore, legitimate.

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