PERIDO VS.

PERIDO

FACTS:
This is an appeal by certiorari from the decision of the Court of Appeals in its CA-G.R. No.
37034-R, affirming the decision of the Court of First Instance of Negros Occidental in Civil Case
No. 6529.

During his lifetime, Lucio Perido married twice. His first wife, Benita Talorong, had
three (3) children with him: Felix, Ismael, and Margarita. Following the death of his first wife, he
married Marcelina Baliguat, with whom he had five (5) children: Eusebio, Juan, Maria, Sofronia,
and Gonzalo. Lucio died in 1942, and his second wife, Margarita Baliguat, died in 1943. On
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 Nos. 458, 471, 506, 511, 509, 513-B, 807, and
808, all of the Cadastral Survey of Himamaylan, Occidental Negros.
On March 8, 1962, Lucio Perido's children from his first marriage filed a complaint
against the children from his second marriage, which was later amended on February 22, 1963,
praying for the annulment of the executed document "Declaration of Heirship and Extra-Judicial
Partition."
The plaintiffs appealed to the Court of Appeals, alleging that the trial 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 of Lots Nos. 471, 506, 511, 509, 513-Part,
807, and 808 of Cadastral Survey of Himamaylan, 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 Ruling: Finding no reversible error in the decision of the lower court, the Court of Appeals
affirmed it in toto.
Thereupon they instituted he instant petition for review reiterating in effect the assignments of
error and the arguments in the brief they submitted to the appellate court.
The children of Lucio Perido's first marriage emphasized that the five children of Lucio
Perido with Marcelina Baliguat were all illegitimate and thus had no successional rights to Lucio
Perido's estate. The children from the second marriage denied the allegations.

ISSUE:
Whether or not the children and grandchildren of the second marriage of Lucio Perido were
legitimate, and were entitled for the partition of lands.

RULING:
The court finds that the children and grandchildren of the second marriage of Lucio
Perido were legitimate. A man and woman living together as husband and wife are presumed
married when there is no proof that marriage did not take place.