Lex Rex Ph

Perido vs Perido Digest

G.R. No. L-28248. March 12, 1975
Under the topic: Kinds of Filiation


The petitioners were the heirs of the late Lucio Perido by his first marriage with Benita Talorong. They insist, among others, that the first five children among the respondents are illegitimate children out of wedlock by Lucio and Marcelina. Therefore, they should have no successional rights to the estate of Lucio’s lots, who died in 1942. Petitioners argue that Benita died in 1905 when three of the respondents were already born. The eldest was born in 1900. Petitioners also presented testimonials and documentary evidence.


Are the children of the second marriage illegitimate?


No. The certificates of title that the person to whom these were issued is a widower is not conclusive to show that such a widower was not actually married to the woman (Lucio and Marcelina) he was then dwelling within an apparent matrimony. Cogent proof must be adduced to prove the illegitimacy of marriage. It also cannot be rebutted by uncorroborated testimony (Leonora Perido who testified that Marcelina got flowers from her garden but did not witness the marriage). The reason for this is Semper praesumitur pro matrimonio — The law always presume marriage.

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