Facts: Lupo Mariategui contracted three marriages during his

lifetime. On his first wife, Eusebia Montellano, who died on

November 8, 1904, he begot four children, Baldomera, Maria del
Rosario, Urbana and Ireneo. With his second wife, Flaviana
Montellano, he begot a daughter named Cresenciana. And his
third wife, Felipa Velasco, he begot three children, namely
Jacinto, Julian and Paulina.
At the time of Lupo’s death he left certain properties with which he
acquired when he was still unmarried. Lupo died without a will.
Upon his death, descendants from his first and second marriages
executed a deed of extrajudicial partition on Lot No. 163.
However, the children on Lupo’s third marriage filed with the lower
court an amended complaint claiming that they were deprive on
the partition of Lot No. 163 which were owned by their common
father. The petitioners, children on first and second marriage, filed
a counterclaim to dismiss the said complaint. Trial court denied
the motion to dismiss and also the complaint by the respondents,
children on third marriage.
Respondents elevated the case on CA on the ground that the trial
court committed an error for not finding the third marriage to be
lawfully married and also in holding respondents are not
legitimate children of their said parents. CA rendered a decision
declaring all the children and descendants of Lupo, including the
respondents, are entitled to equal shares of estate of their father.
However, petitioners filed a motion for reconsideration of said
decision.
Issue: Whether or not respondents were able to prove their
succession rights over the said estate.
Ruling: With respect to the legal basis of private respondents'
demand for partition of the estate of Lupo Mariategui, the Court of
Appeals aptly held that the private respondents are legitimate
children of the deceased.
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 who
testified that "when his father was still living, he was able to
mention to him that he and his mother were able to get married
before a Justice of the Peace of Taguig, Rizal." 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.