No. L-20379. June 22, 1965.
In 1962, an Agreement for Dissolution of Conjugal Partnership and Separation of Property was jointly executed by petitioners states that they are and have been legally married since December 24, 1932, that they have two children and during their marriage have acquired twelve (12) parcels of land and two (2) buildings. Petitioners have mutually agreed to dissolve their conjugal partnership, and to the establishment of a separation of properties in the manner specified in the contract to prevent friction, dissension and confusion among their respective heirs in the future, particularly because petitioner Jose Bermas, Sr. has two (2) sets of children, one by a former marriage, and another by his present wife, the other petitioner. After publication and hearing, the court rendered the appealed decision, denying the petition upon the ground that, under Article 192 of the Civil Code of the Philippines. Consequently, said children by first marriage of petitioner Jose Bermas, Sr. do not appear to have been notified personally of the filing of the petition and of the date of the hearing thereof, although the danger of substantial injury to their rights would seem to be remote.