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Arbolario vs. Court of Appeals

VOLTAIRE ARBOLARIO, LUCENA ARBOLARIO TA-ALA, FE ARBOLARIO, EXALTACION ARBOLARIO, CARLOS ARBOLARIO, and Spouses ROSALITA RODRIGUEZ and CARLITO SALHAY, petitioners, vs. COURT OF APPEALS, IRENE COLINCO, RUTH COLINCO, ORPHA COLINCO and GOLDELINA COLINCO, respondents.

G.R. No. 129163 | 2003-04-22

THIRD DIVISION

D E C I S I O N 

PANGANIBAN, J.: 

Once a valid marriage is established, it is deemed to continue until proof that it has been legally ended is presented. Thus, the mere cohabitation of the husband with another woman will not give rise to a presumption of legitimacy in favor of the children born of the second union, until and unless there be convincing proof that the first marriage had been lawfully terminated; and the second, lawfully entered into. 

The Case 

Before us is a Petition for Review[1] under Rule 45 of the Rules of Court, challenging the February 28, 1995 Decision[2] and the March 5, 1997...