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Dimayuga vs. Court of Appeals 129 SCRA 111

PACITA, FILOMENO, REMEDIOS, ADELAIDA and NELIA, all surnamed DIMAYUGA, and HEIRS OF SOCORRO DIMAYUGA-LASALA; SERGIO LASALA, MARCELINO; SATURNINO and Minors AIDA, DANTE, BELEN, LITO, JOHN, ESTER and EDWIN, all surnamed LASALA, represented by guardian ad litem Sergio Lasala, petitioners, vs. COURT OF APPEALS and MANUEL DIMAYUGA, respondents.

G.R. No. L-48433 | 1984-04-30

D E C I S I O N

AQUINO, J.:

This case is about the effect of a partition inter vivos on the successional right to a thirteen-hectare homestead located at Pola, Oriental Mindoro.

The spouses Genaro Dimayuga and Segunda Gayapanao, who were married in 1915 (Exh.2) acquired a Torrens title for that homestead in 1928 (Exh 1.) Segunda died intestate in 1940, survived by her son, Manuel, and her husband, Genaro.

During their marriage, Genaro had a mistress named Emerenciana Panganiban by whom he begot five children, named Filomeno, Pacita, Adelaida, Remedios and Socorro. A sixth child, Nelia Dimayuga, was born in 1944 or after Segunda's death...