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[3/6] Maria Rosario de Santos vs. Adoracion G. Angeles, et al.

[3/6] MARIA ROSARIO DE SANTOS, petitioner, vs. HON. ADORACION G. ANGELES, JUDGE, REGIONAL TRIAL COURT OF CALOOCAN CITY, BRANCH 121 and CONCHITA TALAG DE SANTOS, respondents.

G.R. No. 105619 | 1995-12-12

KAPUNAN, J., dissenting:

The principal issue in the case at bench may be capsulized as to whether or not the trial court committed grave abuse of discretion amounting to a lack or excess of jurisdiction in considering the private respondent' s children legitimated under the facts established herein, and in declaring and instituting said children as heirs of the decedent. As the law unequivocally gives them such a right, I respectfully dissent from the majority.


I begin by observing that, taking their cue from the lower court's inappropriate lifting of an editor's precis or statement from the syllabus of the case of Tongoy vs Court of...