449 Phil. 357
PANGANIBAN, J.:
“WHEREFORE, premises considered, the judgment appealed from is hereby REVERSED and a new one is accordingly entered –On the other hand, the assailed Resolution denied reconsideration:[5]
“(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]
“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, (4) 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]
“WHEREFORE, premises considered, judgment is hereby rendered in favor of the [Arbolarios] and against the [Colincos] in Civil Case No. 385 --in Civil Case No. 367 --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 Colingco 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 (5,000.00) as attorney’s fees and the x x x sum of One Thousand Pesos (P1,500.00) as appearance fees; and
1) Ordering the dismissal of [respondents’] complaint and the [petitioners’] counter-claim for lack of legal basis.In both cases --
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.1) Ordering the Colincos to pay costs.”[8]
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.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]
“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 x x x.”[11]We are not persuaded.
“x x x. 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, x x x Voltaire Arbolario, et al., are illegitimate children of Juan Arbolario.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.
“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 x x x 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]
“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.