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Vda. de Rodriguez vs. Court of Appeals

Testate Estate of Jose M. Valero, FLORA VALERO VDA. DE RODRIGUEZ and ROSIE VALERO DE GUTIERREZ, petitioners-appellants, vs. COURT OF APPEALS and CARMEN VALERO-RUSTIA, respondents-appellees.

G.R. No. L-39532 | 1979-07-20

D E C I S I O N

AQUINO, J:

This is supposedly a case about collation. As factual background, it should be stated that the spouses, Beatriz Bautista and Jose M. Valero, did not beget any child during their marriage. In 1951 Beatriz adopted Carmen (Carmencita) Bautista. Jose wanted also to adopt her but because, by his first marriage, he had two children named Flora Valero Vda. de Rodriguez and Rosie Valero Gutierrez, he was disqualified to adopt Carmen. Jose manifested in the adoption proceeding that he consented to the use by Carmen of his surname Valero. (See Civil Case No. 12475, Manila CFI; Art. 338[1], Civil Code and art. 28, Child and...