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    Perido Vs Perido

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    Juvy Dimaano
    1) Lucio Perido was married twice, first to Benita Talorong with whom he had three children, and second to Marcelina Baliguat with whom he had five children. 2) After Lucio's death, his children from both marriages partitioned land through a document. The children from the first marriage then contested this, arguing the five children from the second marriage were illegitimate. 3) The Supreme Court ruled the five children were legitimate as they were born during the valid marriage between Lucio and Marcelina. Philippine law presumes people living together as husband and wife are legally married, and the evidence did not sufficiently rebut this presumption of legitimacy.

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    Perido Vs Perido

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    Juvy Dimaano
    2K views2 pages
    1) Lucio Perido was married twice, first to Benita Talorong with whom he had three children, and second to Marcelina Baliguat with whom he had five children. 2) After Lucio's death, his children from both marriages partitioned land through a document. The children from the first marriage then contested this, arguing the five children from the second marriage were illegitimate. 3) The Supreme Court ruled the five children were legitimate as they were born during the valid marriage between Lucio and Marcelina. Philippine law presumes people living together as husband and wife are legally married, and the evidence did not sufficiently rebut this presumption of legitimacy.

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    Perido vs Perido

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    1) Lucio Perido was married twice, first to Benita Talorong with whom he had three children, and second to Marcelina Baliguat with whom he had five children. 2) After Lucio's death, his children from both marriages partitioned land through a document. The children from the first marriage then contested this, arguing the five children from the second marriage were illegitimate. 3) The Supreme Court ruled the five children were legitimate as they were born during the valid marriage between Lucio and Marcelina. Philippine law presumes people living together as husband and wife are legally married, and the evidence did not sufficiently rebut this presumption of legitimacy.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views2 pages

    Perido Vs Perido

    Uploaded by

    Juvy Dimaano
    1) Lucio Perido was married twice, first to Benita Talorong with whom he had three children, and second to Marcelina Baliguat with whom he had five children. 2) After Lucio's death, his children from both marriages partitioned land through a document. The children from the first marriage then contested this, arguing the five children from the second marriage were illegitimate. 3) The Supreme Court ruled the five children were legitimate as they were born during the valid marriage between Lucio and Marcelina. Philippine law presumes people living together as husband and wife are legally married, and the evidence did not sufficiently rebut this presumption of legitimacy.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    University of the Philippines College of Law

    Persons and Family Relations | Prof. Katrina Legarda


    Case Digest

    TOPIC: Nature of Marriage in Philippine Law


    DOCTRINE: Presumption of Marriage
    CASE Number: GR No. L-28248, March 12, 1975
    CASE Name: Perido vs Perido
    Ponente: Makalintal, C.J.

    FACTS
    Lucio Perido married twice during his lifetime. His first wife was Benita Talorong,
    with whom he begot three (3) children: Felix, Ismael, and Margarita.
    After Benita died Lucio married Marcelina Baliguat, with whom he had five (5)
    children: Eusebio, Juan, Maria, Sofronia and Gonzalo. Lucio himself died in 1942,
    while his second wife died in 1943.
    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 parcels of land in
    Occidental Negros.
    Then the children belonging to the first marriage of Lucio they filed a complaint
    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, that the lots belonged to the conjugal partnership of the spouses
    Lucio Perido and Benita Talorong, and 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.
    RTC did not order the partition of the lots involved among the plaintiffs because
    it held that the five children of Lucio Perido with his second wife, Marcelina
    Baliguat, were legitimate.
    The plaintiffs appealed. They insist that said 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.
    ISSUES
    1. Whether or not the five children of Lucio Perido with Marcelina Baliguat
    legitimate

    HELD
    (1) Yes: they were born during their parents marriage therefore, legitimate.
    The Court of Appeals found that there was evidence to show that Lucio Perido's
    wife, Benita Talorong, died during the Spanish regime. Therefore, Lucio Perido
    had no legal impediment to marry Marcelina Baliguat before the birth of their
    first child in 1900.
    The statement that he was not actually married to Marcelina Baliguat is weak
    and insufficient to rebut the presumption that persons living together husband
    and wife are married to each other. Consequently, every intendment of the law
    leans toward legalizing matrimony. Persons dwelling together in apparent
    matrimony are presumed, in the absence of any counter-presumption or
    evidence special to the case, to be in fact married. The reason is that such is the
    common order of society, and if the parties were not what they thus hold
    themselves out as being, they would he living in the constant violation of
    decency and of law. A presumption established by our Code of Civil Procedure is
    "that a man and woman deporting themselves as husband and wife have
    entered into a lawful contract of marriage." (Sec. 334, No. 28) Semper
    praesumitur pro matrimonio Always presume marriage."

    RULING:
    WHEREFORE, the decision of the Court of Appeals is hereby affirmed, with costs
    against the petitioners.

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