No. L-4963. January 29, 1953

FACTS

This is an action for the recovery of the ownership and possession of five (5) parcels of land  situated in the municipality of Labrador, Province of Pangasinan, filed by Maria Uson against  Maria del Rosario and her four children. 

Maria Uson, plaintiff-appellee, the lawful wife of Faustino Nebreda, who upon his death in 1945  left the lands involved in this litigation. However, Maria del Rosario, a common law wife of the  late Faustino Nebreda took possession of the said lands. Del Rosario claimed that in 1931, Uson and the late Faustino, executed a public document whereby they agreed to separate as husband  and wife and, in consideration of their separation, Maria was given a parcel of land by way of  alimony and in return she renounced her right to inherit any other property that may be left by  her husband upon his death. Del Rosario also contends that her children are given the status  and rights of natural children and are entitled to the successional rights, and because these  successional rights were declared for the first time in the new code, they shall be given  retroactive effect.