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Adelaida Tabotabo, Et Al. vs. Aguedo Tabotabo, Et Al. 114 Phil. 1195

ADELAIDA TABOTABO, ET AL., plaintiffs-appellants, vs. AGUEDO TABOTABO, ET AL., defendants-appellees.

G.R. No. L-10909 | 1962-04-30

D E C I S I O N 


PAREDES, J.

Appeal from the order of the Court of First Instance of Cebu, dated February 13, 1956, granting a motion to dismiss complaint upon the grounds of lack of cause of action, res judicata and prescription. 

One Gaudencio Tabotabo, married to Rafaela Gallarde, died on September 2, 1908, leaving no issue with her. In his will executed on July 24, 1908, he bequeathed his conjugal share to his wife, and naming her as executrix. In said will, mention was made by the testator that he had a natural son named Vicente, then married to Basilia Maxilon, begotten with Anastacia Aligato; and a daughter named...