Perido v.Perido, 63 SCRA 97

FACTS: Lucio Perido of Himamaylan, Negros Occidental, married twice during his lifetime. His first wife was Benita Talorong, with whom he begot 3 children: Felix, Ismael, and Margarita. After Benita died Lucio married Marcelina Baliguat, with whom he had 5 children: Eusebio, Juan, Maria, Sofronia and Gonzalo. Lucio died in 1942, while his second wife died in 1943. Margarita is the only living child of the first marriage. The children and grandchildren of the first marriage and second marriage filed a case regarding the partition of the properties of Lucio Perido. Margarita et al asserted that the children and grandchildren of the second marriage were illegitimate.

ISSUE: W/N the children and grandchildren of the second marriage of Lucio Perido were legitimate, entitling them for the partition of lands

HELD: Yes. A person who was not at the marriage ceremony cannot testify as an eyewitness that the marriage did not take place. In the absence of proof that marriage did not take place a man and a woman living together as husband and wife are presumed married.