What Action?

Partition
Plaintiffs: Spouses Palomo
Defendants: Crispin Sanchez and Dianna Sanchez (third wife)
Jurisdiction: RTC
Venue: Cebu City
Cause of Action: Rule 69
Important factual issue: Who owns the lot? When the lot was purchased?

Evidence:
For the ownership of the lot
Documents
1. Notarized Registered Deed of sale of the lot dated February 14, 2010 in the
name of Spouses Crispin and Angela
2. Tax Declaration in the name of Spouses Crispin and Angela
3. Title in the name of Spouses Crispin and Angela
Witnesses
1. Seller
2. Registrar of Deeds
3. Both Spouses

Evidence to prove the marriage of Angela and Crispin

Documents
1. Marriage Contract
Witnesses
1. Both Spouses

To prove the ownership of the house

Documents
1. Building Permit in the spouses name
2. Tax Declaration in the name of Spouses Crispin and Angela
3. Title in the name of Spouses Crispin and Angela
Witnesses
1. City Engineer
2. Registrar of Deeds
3. Both Spouses

To prove Spouses Palomo are the legitimate ascendants

Documents

1. Birth Certificate of Angela with birthdate after the marriage of the spouses
Palomo
2. Marriage Certificate of Spouses Palomo

To prove demand and refusal

Documents
1. Letter of Spouses Palomo dated January 5, 2016 demanding their share in
Angelas estate.
Witness
1. Both spouses

Stipulation of Facts:
1. The house was built on May 10, 2011 and completed on September 2, 2011.
2. There was no marriage settlement.
3. Angela has no will
4. Angela and Crispin has no issue
5. Spouses Palomo are the legitimate parents of Angela.
6. That on January 5, 2016, spouses Palomo wrote to Crispin demanding their
share in their daughter Angelas estate. But Crispin refused.
7. There is no settlement of the estate.
8. Crispin and Dianna are living in the house and lot currently.
9. There are no creditors.
10.The lot is valued at P3,200,000. The house is valued at P1,277,836.
11.That Angela and Crispin were validly married on January 15, 2010.