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Primitiva Canales Vs. Filoteo Arrogante 091 Phil 6

PRIMITIVA CANALES, plaintiff-appellee, vs. FILOTEO ARROGANTE, ET AL, defendants-appellants.

G.R. No. L-3821 | 1952-03-17

D E C I S I O N


REYES, J.:

Bernardina Canales died intestate in 1945, leaving some property. She was survived by her husband, Filoteo Arrogante, and two legitimate children, Gaudiosa Arrogante and Leonida Arrogante.

To claim a portion of the inheritance of the deceased, Primitiva Canales brought the present action in 1948 against the surviving heirs, alleging that she is a natural daughter of the deceased, begotten before the latter's marriage to Filoteo Arrogante. Answering the complaint the defendants denied this allegation and set up the defense (1) that the complaint did not state a cause of action in the absence of averment that...