No. L-4963. January 29, 1953
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.