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J.Aguila vs. Court of 1st Instance of Batangas etal

JUAN AGUILA, petitioner, vs. COURT OF FIRST INSTANCE OF BATANGAS, BRANCH I, SPOUSES JUAN HERNANDEZ and MAGDALENA MALALUAN, GAVINA HERNANDEZ and BONIFACIO LIMBO, MAGDALENA HERNANDEZ and BENITO DIMACULANGAN, ELEUTERIO HERNANDEZ and LAURA BRIONES, DEMETRIA HERNANDEZ and CONRADO CASTILLO, and AVELINO, NESTORIO and CARMEN, all surnamed HERNANDEZ, respondents.

G.R. No. L-48335 | 1988-04-15

D E C I S I O N


CRUZ, J.:

Juliana Matienzo had two husbands in succession, namely, Escolastico Alabastro and, after his death, Daniel Aguila. The petitioner is claiming the disputed property as the only surviving child of the second marriage. The private respondents are resisting this claim as the children of Maria Alabastro, the sole offspring of the first marriage. 1

In an earlier action between them, docketed as Civil Case No. 1552 in the Court of First Instance of Batangas, the private respondents had sued for partition and damages against the herein petitioner and his wife, alleging that some properties held by them pertained to...