GR L 22378; (June, 1968) (Digest)
G.R. No. L-22378 June 29, 1968
CLEMENTE FORTUS, ET AL., petitioners, vs. ROSARIO NOVERO and JULIA T. FORTUS, respondents.
FACTS
Proceedings were commenced for the summary settlement of the intestate estate of the late Ciriaca Angelo. Rosario Novero claimed to be an illegitimate child of the deceased Victorino Fortus (Ciriaca’s grandson). Her claim was opposed by Julia T. Fortus, Victorino’s surviving widow, and by Clemente, Zoilo, Faustina, Catalino, Pio, Demetria, Francisca, and Roman, all surnamed Fortus, who claimed to be half-brothers and sisters of Victorino. The Court of First Instance of Lipa City dismissed the claims of both Rosario Novero and the Fortus siblings, declaring Julia T. Fortus as the sole heir and absolute owner of Victorino’s properties. Rosario Novero and the Fortus siblings appealed to the Court of Appeals. Rosario Novero did not further appeal the Court of Appeals’ decision, making it final as to her. The Fortus siblings interposed the present appeal by certiorari.
ISSUE
Whether the Court of Appeals erred in its factual finding that Fermin Fortus and Jacoba Aguil were not legally married, thereby affecting the legitimacy and inheritance rights of their children, the petitioners.
RULING
The Supreme Court affirmed the decision of the Court of Appeals. The sole question presented was one of fact: whether Fermin Fortus and Jacoba Aguil were legally married. The Court held that in an appeal by certiorari, it reviews only questions of law, and the findings of fact of the Court of Appeals are conclusive. The petitioners’ assignments of error involved the evaluation of evidence, including the weight given to certifications, testimonies, and documents like baptismal certificates and a deed of sale, which are matters of factual determination. The Court found no grave abuse of discretion, nor a finding so manifestly mistaken, absurd, or impossible as to warrant the exercise of its supervisory jurisdiction. Consequently, the factual finding that no legal marriage existed between Fermin Fortus and Jacoba Aguil, rendering their children illegitimate and without right to inherit from Victorino Fortus, was upheld.