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Arbolario V CA Digest
Arbolario V CA Digest
inheritance of their alleged half-sister, Purificacion Arbolario; and, as forced heirs, they should
be included in the distribution of the aforesaid lot.
(Relevant) ISSUE:
(1) WoN Arbolarios are illegitimate children
HELD:
(1) YES, they are illegitimate.**There is no solid basis for the argument of petitioners that
Juan Arbolarios marriage to Francisca Malvas was valid. It does not follow that just
because his first wife has died, a man is already conclusively married to the woman who
bore his children. A marriage certificate or other generally accepted proof is necessary to
establish the marriage as an undisputable fact.Since they 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. Paternity
or filiation, or the lack of it, is a relationship that must be judicially established.
NOTES:
requires an official translation. We cannot readily accept the English translation proffered
by petitioners, since respondents did not agree to its correctness. Besides, it consisted of
only a paragraph of the whole document.
OTHER ISSUES IN THE CASE:
o WoN CA committed a serious error when it disregarded the testimony that the
Salhays had purchased the portion of the lot they had been occupying since 1970;
SC says NO, though the sale was not expressly assigned as an error in their Brief,
respondents (as petitioners in the CA) still assailed the existence of the sale
o WoN CA overstepped its bounds when it ruled that since respondents did not raise
the issue of partition on appeal, the RTC had no jurisdiction to divide the disputed
lot; SC says NO, the purpose of partition is to put an end to co-ownership. It
seeks a severance of the individual interests of co-owners, vesting in each of them
a sole estate in a specific property and a right to enjoy the allotted estate without
supervision or interference.