Trinidad Vs CA G.R. No. 118904 April 20, 1998
Trinidad Vs CA G.R. No. 118904 April 20, 1998
Without costs.
Respondent Court denied reconsideration in its
impugned Resolution which reads: 10
PANGANIBAN, J.:
In the absence of a marriage contract and a birth certificate, how may
marriage and filiation be proven?
The Case
This is the main question raised in this petition for
review on certiorari challenging the Court of
Appeals 1 Decision promulgated December 1,
1994 2 and Resolution promulgated on February 8,
1995 3 in CA-GR CV No. 23275, which reversed the
decision of the trial court and dismissed petitioner's
action for partition and damages.
On August 10, 1975, Petitioner Arturio Trinidad filed a
complaint 4 for partition and damages against Private
Respondents Felix and Lourdes, both surnamed
Trinidad, before the Court of First Instance of Aklan,
Branch I. 5 On October 25, 1982, Felix died without
issue, so he was not substituted as a party. 6
On July 4, 1989, the trial court rendered a twenty-page
decision 7 in favor of the petitioner, in which it ruled: 8
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A: No, sir.
Q: Can you recall if during the lifetime of
Inocentes Trinidad if you have known of
anybody with whom he has lived as
husband and wife?
A: I could not recall because I was then in
Manila working.
Q: After the war, do you remember having
gone back to the house of your aunt
Anastacia at Tigayon, Kalibo, Aklan?
A: Yes, sir.
Q: How often did you go to the house of
your aunt?
A: Every Sunday.
xxx xxx xxx
Q: You know the plaintiff Arturio Trinidad?
A: I do not know him.
A: Not married.
Q: In 1940 at the time of death of Inocentes
Trinidad, where were you residing?
A: I was staying with them.
Q: When you said "them", to whom are you
referring to [sic]?
A: My aunt Nanay Taya, Anastacia.
xxx xxx xxx
Q: Will you please tell the Court for how
long did you stay with your aunt Anastacia
Trinidad and his children before 1940?
A: For only three months.
Q: Now, you said at the time of his death,
Inocentes Trinidad was single. Do you know
if he had cohabited with anybody before his
death?
A: [T]hat I do not know.
Q: You know a person by the name of
Felicidad Molato?
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