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  • Mariategui vs. Court of Appeals

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    Glenn Fortes
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    Lupo Mariategui died without a will in 1953, leaving behind children from three marriages. His descendants from his first two marriages partitioned a property in 1967, excluding his children from the third marriage. Those children filed a case claiming their right to inherit from their father's estate. The Court of Appeals ruled in their favor. The Supreme Court affirmed, finding that the children from the third marriage were legitimate based on evidence that Lupo and their mother Felipa Velasco lived together as husband and wife and were known in the community as such. In the absence of evidence to the contrary, their marriage and the children's legitimacy were presumed.

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    MARIATEGUI VS. COURT OF APPEALS

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    Lupo Mariategui died without a will in 1953, leaving behind children from three marriages. His descendants from his first two marriages partitioned a property in 1967, excluding his children from the third marriage. Those children filed a case claiming their right to inherit from their father's estate. The Court of Appeals ruled in their favor. The Supreme Court affirmed, finding that the children from the third marriage were legitimate based on evidence that Lupo and their mother Felipa Velasco lived together as husband and wife and were known in the community as such. In the absence of evidence to the contrary, their marriage and the children's legitimacy were presumed.

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    © All Rights Reserved
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    70 views1 page

    Mariategui vs. Court of Appeals

    Uploaded by

    Glenn Fortes
    Lupo Mariategui died without a will in 1953, leaving behind children from three marriages. His descendants from his first two marriages partitioned a property in 1967, excluding his children from the third marriage. Those children filed a case claiming their right to inherit from their father's estate. The Court of Appeals ruled in their favor. The Supreme Court affirmed, finding that the children from the third marriage were legitimate based on evidence that Lupo and their mother Felipa Velasco lived together as husband and wife and were known in the community as such. In the absence of evidence to the contrary, their marriage and the children's legitimacy were presumed.

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    © All Rights Reserved
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    of 1

    MARIA DEL ROSARIO MARIATEGUI, ET AL. VS. HON. COURT OF APPEALS, ET AL.

    G.R. No. 57062, January 24, 1992


    FACTS:

    Lupo Mariategui died without a will on June 26, 1953. During his lifetime, Lupo Mariategui contracted
    three (3) marriages. With his first wife, Eusebia Montellano, whom he begot four (4) children, namely:
    Baldomera, Maria del Rosario, Urbana and Ireneo. Baldomera died and was survived by her children
    named Antero, Rufina, Catalino, Maria, Gerardo, Virginia and Federico, all surnamed Espina. Ireneo also
    died and left a son named Ruperto. With his second wife, Flaviana Montellano, he begot a daughter
    named Cresenciana. With his third wife, Felipa Velasco, he had three children, namely: Jacinto, Julian, and
    Paulina. Felipa Velasco Mariategui died in 1941. At the time of his death, Lupo Mariategui left certain
    properties which he acquired when he was still unmarried.

    On December 2, 1967, Lupo's descendants by his first and second marriages executed a deed of
    extrajudicial partition whereby they adjudicated unto themselves Lot No. 163 of the Muntinglupa Estate.

    Lupo's children by his third marriage filed with the lower court an amended complaint claiming the
    Muntinglupa Estate were owned by their common father, Lupo Mariategui, and they were deprived of
    their respective shares in the lots. They pray for partition of the estate of their deceased father and
    annulment of the deed of extrajudicial partition.

    However, the complaint as well as the petitioner’s counterclaim were dismissed by the trial court.

    Jacinto et al. elevated the case to the Court of Appeals wherein the CA rendered a decision to their favor.
    Petitioners filed a motion for reconsideration of said decision but it was denied for lack of merit.

    Hence this petition.

    ISSUE:

    WON Jacinto, Julian, and Paulina are legitimate children of Lupo Mariategui.

    RULING/HELD:

    The SC held that Jacinto, Julian, and Paulina are legitimate children of Lupo Mariategui. In this case, Lupo
    Mariategui and Felipa Velasco were alleged to have been lawfully married in or about 1930. This fact is
    based on the declaration communicated by Lupo Mariategui to Jacinto. The spouses deported themselves
    as husband and wife, and were known in the community to be such. Although no marriage certificate was
    introduced to this effect, no evidence was likewise offered to controvert these facts. Moreover, the mere
    fact that no record of the marriage exists does not invalidate the marriage, provided all requisites for its
    validity are present. Under these circumstances, a marriage may be presumed to have taken place
    between Lupo and Felipa. The laws presume that a man and a woman, deporting themselves as husband
    and wife, have entered into a lawful contract of marriage; that a child born in lawful wedlock, there being
    no divorce, absolute or from bed and board is legitimate; and that things have happened according to the
    ordinary course of nature and the ordinary habits of life.

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