Court of Appeal: Decision

Republic of the Philippines
COURT OF APPEAL
Manila
TENTH DIVISION
* * * * * * * * * *
IN THE MATTER OF THE CA-G.R. CV No. 30096

INTESTATE ESTATE OF
BASILIO G. MAGNO Present:
Perpetua vda. de Magno, PUNO,

Petitioner-Appellant, LAPENA, JR. and
AUTRIA, M.A., JJ.
Anna Marie Panganiban Magno
represented by her natural and Promulgated:
judicial guardian Luzviminda
Panganiban, AUG 24 1992
Plaintiff-Appellee.
- versus -
Perpetua vda. De Magno, Myrna

Elena Magno and Lourdes
Esperanza Magno,
Defendants-Appellants.
DECISION
LAPEÑA, JR., J.:
Appeal from the decision of the Regional Trial Court of Palo, Leyte,
Branch 6, in Special Proceedings No. 1237 and Civil Case No. 6234, the
dispositive portion of which reads:
“WHEREFORE, judgment is hereby rendered:
(1) Declaring Anna Marie Panganiban as illegitimate

child of Engr. Basilio Magno;
(2) Declaring that the late Basilio Magno is survived

by his widow, Perpetua vda. de Magno, two adopted children,
namely: Lourdes Esperanza Magno and Myrna Elena Magno
and by his illegitimate child, Anna Marie Panganiban Magno;
CA-G.R. CV No. 30096 Page 2 of 8 pages
Decision
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(3) Ordering Perpetua vda. De Magno to render an

accounting of the properties under her administration within
thirty (30) days hereof, after which her duties as such
administratrix shall be declared terminated;
(4) Ordering the appointment of Atty. Lino Dumas as

Special Administrator of the estate of the late Basilio Magno
located in the Provinceof Leyte; and the appointment of Atty.
Ronald Duterte as Special Administrator for the estate of the
late Basilio Magno in the City and Province of Cebu both
Special Administrators to respectively take possession and
charge of the estate of the deceased Basilio Magno, including
all goods, chattels, rights, credits and to assume such powers
and duties necessary and incumbent upon the position, upon
their submission of this Court of their respective oath of office
as such: and thereby Perpetua vda. de Magno is ordering to
turn over the administration to the Special Administrators;
(5) Ordering the parties to prepare and submit, within

thirty (30) days hereof, the project of partition, and considering
that Engr. Basilio Magno died before the effectivity of the
Family Code of the Philippines in order not to prejudice or
impair vested or acquired rights in accordance with the Civil
Code;
(6) Authorizing the Special Administrators to sell,

before the project of partition be made, any of the properties of
the estate in order to pay the attorney’s fees of Atty. Pedro L.
Yap and Atty. Marcelo B. Fernan in the amount of P80,000.00
and to pay the creditors of the estate;
No pronouncement is hereby made with respect to

damages and costs.
SO ORDERED.”
Special Proceedings No. 1237 refers to a petition for letter of

administration filed with the then Court of First Instance of Leyte by
petitioner Perpetua vda. de Magno, surviving spouse of the late Basilio G.
Magno, who died on August 21, 1978. After due hearing, the court on
Decision
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December 26, 1978 issued letters of administration to petitioner, who took

her oath as administration to petitioner, who took her oath as administratrix
on January 12, 1979.
Civil Case No. 6234 is an action to establish paternity and filiation of

one Anna Marie Panganiban Magno, a minor, filed by her mother and
guardian ad litem Luzviminda Panganiban, alleging that she is an
illegitimate daughter of the late Basilio G. Magno. Originally filed with the
Juvenile and Domestic Relations Court of Cebu City as Civil Case No. 601.
The case was transferred to the Leyte Court when Anna Marie Panganiban
Magno filed through her mother a “Petition in Intervention and/or
Opposition” in Special Proceedings No. 1237. The two cases were heard
jointly.
As administratrix, petitioner Perpetua vda. de Magno filed on

December 22, 1980 her motion to approve her inventory of the properties of
the deceased Basilio G. Magno, attaching thereto the Estate Tax Return
dated May 21, 1980 as filed with BIR, Tacloban City, valued at
P2,844,593.62.
Also on April 8, 1981, in compliance with an order of the court,

petitioner filed with the court the list of creditors of the estate.
Upon motion of the counsel for one of the adopted children of the
deceased Basilio G. Magno, praying that the administratrix be removed or be
made to resign pursuant to Sec. 2, Rule 82 of the Rules of Court, the Court
issued an order dated September 6, 1984 terminating and cancelling the
appointment of petitioner Perpetua vda. de Magno as administratrix, and
Decision
x------------------------x
appointed Atty. Rolando Villanes as special administrator to take possession

of the estate.
Meanwhile, on January 23, 1985 Luzviminda Panganiban, alleged

mother of Anna Marie P. Magno, presented her evidence to establish the
paternity and claim for inheritance of her daughter Anna Marie, as
illegitimate daughter of the later Basilio Magno. Petitioner presented
controverting evidence that her deceased husband never lived in Cebu and
had no child, except their two adopted children.
From the evidence presented, the trial court arrived at the following
findings:
“Petitioner Perpetua Engracia Magno in Special

Proceedings No. 1237 was legally married to Engr. Basilio G.
Magno, Petitioner is resident of Palo, Leyte and Engr. Basilio
G. Magno at the time of his death, was a resident of the same
Municipality of Palo, Leyte. The Spouses were not blessed with
any child, but they adopted Lourdes Esperanza Magno and
Myrna Elena Magno. Basilio G. Magno was a Civil Engineer
by profession and was engaged in a construction business. The
spouses acquired real properties, 142 lots in the province of
Leyte and 44 parcels of land in the province of Cebu. The
gross assets of the estate of Engr. Basilio Magno was estimated
to be P2,644,032.99. Engr. Basilio Magno had a printing press
in Cebu while his wife, Perpetua, was a school teacher at Palo,
Leyte. In 1975, Engr. Basilio Magno met Luzviminda which
resulted in their amorous relationship. Basilio and Luzviminda
lived together in an apartment at Espina Village, Cebu City, as
a result of their living together, they begot a child named Anna
Marie Panganiban (Exh. “J”). When Engr. Magno and
Luzviminda Magno sent telegrams to Luzviminda (Exh “L” and
series). Some of the clothes of Engr. Magno were in the
apartment where he and Luzviminda lived together. Tax
declarations of the properties of Engr. Magno in Cebu City and
in Consolacion, Mambaling were also left with Luzviminda.
Several checks, Xerox copies of which were marked as Exhibits
Decision
x------------------------x
“N” to “N-56”) were sent by Engr. Basilio Magno to

Luzviminda Panganiban. Engr. Basilio Magno had his pictures
taken while holding the child. Anna Marie Panganiban Magno,
(Exhs. “O” to “O-4”). Birth Certificate of Anna Marie
Panganiban Magno was also shown to the Court with entry
therein showing Basilio P. Magno as the father of Anna Marie
P. Magno. This particular evidence however, is of no moment
under our present law and jurisprudence considering that said
birth certificate was not proved to be signed by Engr. Basilio
Magno.”
As stated earlier, the trial court rendered its decision and, among
others, declared Anna Marie Panganiban an illegitimate daughter of the late
Basilio Magno, entitled to inherit from him together with the surviving
spouse Perpetua and his two adopted daughters, Lourdes Esperanza Magno
and Myrna Elena Magno. Petitioner was ordered to render an accounting of
the properties under her administration and to turn over the estate to the
special administrators Atty. Lino Dumas for the Leyte properties and Atty.
Ronald Duterte for the Cebu properties.
Not satisfied with the decision petitioner interposed this appeal on the
following assignment of errors:
1) THAT THE TRIAL COURT ERRED IN DECLARING THAT

ANNA MARIE PANGANIBAN WAS THE ILLEGITIMATE CHILD OF THE
DECEASED BASILIO G. MAGNO AND THEREFORE ENTITLED TO
PARTICIPATE IN THE ESTATE OF THE LATTER AND NOT
DECLARING INSTEAD THAT THE ONLY TRUE AND LEGAL HEIRS OF
SAID DECEASED ARE PERPETUA VDA. DE MAGNO, PETITIONER-
ADMINISTRATOR, AND THEIR TWO LEGALLY ADOPTED CHILDREN,
DEFENDANTS MYRNA ELENA MAGNO AND LOURDES ESPERANZA
MAGNO.
2) THAT THE TRIAL COURT ERRED IN NOT DECLARING

THAT EXHIBIT “J” (CERTIFICATE OF LIVE BIRTH) WAS SPURIOUS
AND PROCURED THROUGH FRAUD AND THEREFORE, ERRED IS
NOT DISMISSING CIVIL CASE NO. 6234 (JD-601);
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3) THAT THE TRIAL COURT ERRED IN FINDING THAT ANNA

MARIE PANGANIBAN ENJOYED THE CONTINUOUS POSSESSION OF
THE STATUS OF A LEGITIMATE CHILD UNDER ARTICLES 265, 266
AND 267 OF THE NEW CIVIL CODE AS ESTABLISHED BY TELEGRAMS
(EXH. “L” AND SERIES), RETURNED CHECKS (EXH. “N” AND
SERIES) AND PICTURES (EXH “O” AND SERIES);
4) THAT THE TRIAL COURT ERRED IN REVOKING THE

APPOINTMENT OF PETITIONER PERPETUA VDA DE MAGNO AS
REGULAR ADMINISTRATOR AND APPOINTING IN HER STEAD
SPECIAL ADMINISTRATORS.”
Under the first three assigned errors, which are inter-related, appellant
contends that there is no credible evidence to show that Anna Marie Magno
is an illegitimate daughter of the late Basilio Magno. We do not agree.
There is ample evidence on record to support the existence of extra-

marital relationship between the late Basilio Magno and Luzviminda
Panganiban and the birth of minor Anna Marie Magno out of such
relationship. Although the illegitimate filiation may not have been
established by virtue of the birth certificate of Anna Marie (Exh. 5) as it was
not signed by the presumed father, yet the relationship was established thru
the continuous and open possession of the status of an illegitimate child
(Art. 265, 266 and 267, NCC). This was testified to by the mother
Luzviminda Panganiban as supported by the different pieces of documentary
evidence, such as several telegrams (Exh. “L” and series) sent by the late
Basilio to Luzviminda Panganiban showing tha the two had been living
together as husband and wife in Cebu City. There were also several checks
sent by the late Basilio to Luzviminda (marked as Exhs. N to N-54).
Pictures were also shown (Exhs. O to O-4) depicting the late Basilio holding
in his arms the child Anna Marie.
Decision
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While the pieces of evidence, if taken individually, may not prove the
illegitimate filitation of Anna Marie, if taken together, they would lead a
reasonably prudent man to conclude that the late Basilio and Luzviminda did
live together as husband and wife, and out of such relationship, the child
Anna Marie was born. The fact alone of the possession by Luzviminda of
such important documents as the telegrams, returned checks and pictures
strongly indicate the existence of such a relationship. Such evidence
together with the certificate of live birth (Exh. “I”) and the affidavits of
recognition (Exh. K & P) executed by the brothers and sisters of the late
Basilio, taken together, are clear and convincing proofs of such illegitimate
filiation.
As regards the last assigned error, the removal of petitioner as

administratrix appears to have been on the ground of incompetence,
inefficiency and mismanagement, particularly the failure to submit the
periodic accounting of the properties under administration and the
dissipation of the assets of the estate. We are not prepared to reverse the
action of the lower court on this point in the exercise of its sound discretion.
In the appointment of petitioner as administratrix, the court was guided by
what was for the best interest of the estate. The court was similarly guided
in ordering the removal of petitioner as such administrator, and in her stead
to appoint a new administrator (Rule 82, Sec. 2 RRC).
It may be added that it is a settled rule that the aforesaid findings of

the lower court are entitled to the highest degree of respect and should not be
disturbed on appeal, unless there is a showing that some facts of substance
have been overlooked which, if considered, would yield a different
conclusion. No such facts appear to have been overlooked by the trial court.
Decision
x------------------------x
Premises considered. We find no reversible error in the decision

appealed from, which is hereby affirmed in toto. Costs against appellant.
SO ORDERED.
Signed by the undersigned who certify further that this Decision was
reached after due consultation among the members of the Division in
accordance with the Constitution.
(Sgd.) NICOLAS P. LAPENA, JR.

Associate Justice
We concur:
(Sgd.) REYNATO S. PUNO (Sgd.) MARIA ALICIA M. AUSTRIA

Associate Justice Associate Justice

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Republic of the Philippines

IN THE MATTER OF THE CA-G.R. CV No. 30096

Perpetua vda. de Magno, PUNO,

Perpetua vda. De Magno, Myrna

LAPEÑA, JR., J.:

“WHEREFORE, judgment is hereby rendered:

(1) Declaring Anna Marie Panganiban as illegitimate

(2) Declaring that the late Basilio Magno is survived

(3) Ordering Perpetua vda. De Magno to render an

(4) Ordering the appointment of Atty. Lino Dumas as

(5) Ordering the parties to prepare and submit, within

(6) Authorizing the Special Administrators to sell,

No pronouncement is hereby made with respect to

Special Proceedings No. 1237 refers to a petition for letter of

December 26, 1978 issued letters of administration to petitioner, who took

Civil Case No. 6234 is an action to establish paternity and filiation of

As administratrix, petitioner Perpetua vda. de Magno filed on

Also on April 8, 1981, in compliance with an order of the court,

appointed Atty. Rolando Villanes as special administrator to take possession

Meanwhile, on January 23, 1985 Luzviminda Panganiban, alleged

“Petitioner Perpetua Engracia Magno in Special

“N” to “N-56”) were sent by Engr. Basilio Magno to

1) THAT THE TRIAL COURT ERRED IN DECLARING THAT

2) THAT THE TRIAL COURT ERRED IN NOT DECLARING

3) THAT THE TRIAL COURT ERRED IN FINDING THAT ANNA

4) THAT THE TRIAL COURT ERRED IN REVOKING THE

There is ample evidence on record to support the existence of extra-

As regards the last assigned error, the removal of petitioner as

It may be added that it is a settled rule that the aforesaid findings of

Premises considered. We find no reversible error in the decision

(Sgd.) NICOLAS P. LAPENA, JR.

(Sgd.) REYNATO S. PUNO (Sgd.) MARIA ALICIA M. AUSTRIA

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