Case Digest No 2.

CASE DIGEST

Capitle, et al. v. Vda. De Gaban, et al.,

G.R. No.  146890, June 8, 2004

Fabian Correjado inherited from his father two parcel of land subject of the case at bar. Fabian died intestate in 1919. He was survived by four children, namely: Julian, Zacarias, Francisco and Manuel, all surnamed Correjado.

After Fabians death in 1919, his son Julian occupied and cultivated the two subject parcels of land until his death in 1950. He was survived by three children (Respondent). Julians brother Francisco died in 1960. He was survived by five children. And his other brother Zacarias died in 1984. He was survived by seven children.

The petitioners were the descendant of Zacarias and Francisc they are filed a complaint on November 26, 1986 for partition of the property and damages against to respondent Julians Children, alleging that Fabian married twice. First with the mother of Julian, and subsequent one with the mother of Francisco, Zacarias and Manuel; that respondent refused to give a partition of property.

The respondent counter the complaint, they say that the mother of Francisco, Zacarias and Manuel was only a mistress. And the son of Fabian Francisco, Zacarias and Manuel was an illegitimate son that was not entitles to inherit under the old civil code.

The RTC of branch 63 of the La Carlota City Dismissed the complaint upon of unreasonable delay of making claim and also lack of basis.

CA dismissed the appeal and affirmed the decision of the trial court. The appellate court found that respondents failed to discharge the onus of proving that Francisco and Zacarias were illegitimate. But it too found that petitioners also failed to prove that Zacarias and Francisco were legitimate. And the action of the petitioners has prescribed.