PERSONS AND FAMILY RELATIONS
A.Y. 1920 - ATTY. LEGARDA
Oribello v. CA
G.R. NO. 163504 | TOPIC: Adoption
DOCTRINE/LESSON OF THE CASE
● The SC concluded that the RTC correctly ruled against the
right of respondent Remedios Oribello to demand the
partition of the real property belonging to the late Tomas
Oribello on the ground that she had not substantiated her
right to the partition by preponderance of evidence. The
RTC found that Remedios did not satisfactorily establish
her co-ownership of the properties left by the late Toribio,
because it was not Toribio Oribello who testified in the
adoption proceedings, but rather a certain Toribio Orivillo,
“a person physically different from the physical Toribio
Oribello” (p. 65, Legarda).
FACTS
● Type of case: Appeal
● Relevant facts
○ Petitioner Berlinda Oribello is the spouse of Toribio
Oribello in his second marriage, as his first marriage
was dissolved.
■ Toribio married Berlinda in Agoo, La Union in
March 1982.
■ In August 1993, Toribio died intestate.
○ Alleged adopted daughter of Toribio, Remedios
Oribello, represented by her natural father filed an
action for partition and damages. Said action for
partition was instituted in May 1997.
■ This partition involved twelve parcels of land
situated at Agoo, Launion.
■ It anchors on the theory that Remedios was
the adopted daughter in Toribio’s first
marriage which could not bear a child.
○ Berlinda asserted that Remedios is not Toribio’s
adopted daughter as the decree of adoption was
fraudulently secured by Remedios’ natural father
Alfredo.
■ Toribio could not have filed the adoption
case in Occidental Mindoro as he was a
resident of La Union throughout his life.
■ The Toribio referred to in the adoption case
and the real Toribio, are two different
persons.
■ The birth certificate of Remedios was
simulated.
■ Remedios never lived with nor submitted
herself to the parental authority and care of
Toribio even after Berlinda’s marriage to
Toribio.
ISSUES
1. Is Remedios, as the alleged adopted daughter of Toribio,
entitled to the partition of the estate of the deceased
Toribio?
RULING
1. NO. Respondent Remedios did not discharge her burden of
proof to show that she was entitled to the partition. It is
our studied conclusion that the RTC correctly ruled against
the right of respondent Remedios Oribello to demand the
partition of the real property belonging to the late Tomas
Oribello on the grounds that she had not substantiated her
right to the partition by preponderance of evidence.
The Toribio Orivillo who testified in the adoption
proceedings was not the real Toribio Oribello. Somebody
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 with the name Toribio Orivillo or purporting to be such
stood for him and testified for him in the said proceedings.
This Court finds that no co-ownership exists
between the wife Berlinda and Remedios, and thus the
second phase (actual partition and accounting) of the
partition cannot proceed.

DISPOSITIVE POSITION
WHEREFORE, the Court REVERSES and SETS ASIDE the Decision
promulgated on July 31, 2003 by the Court of Appeals;
REINSTATES the Judgment of the Regional Trial Court rendered
on March 30, 1998 dismissing Civil Case No. A-1757 entitled
Remedios Oribello, represented by her Atty.-in-Fact Alfredo Selga
v. Berlinda P. Oribello; and ORDERS respondent Remedios Oribello
to pay the costs of suit.

RELEVANT LAWS
NONE.

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