Tison vs. Court of Appeals G.R. No.

121027 July 31, 1997 FACTS: The case involves an action for reconveyance filed by petitioners Corazon and Rene against private respondent Teodora Domingo. The petitioners herein are the niece and nephew of spouses Teodora Guerrero and Martin Guerrero. Teodora Guerrero died without any ascendant or descendant. When she died, the petitioners sought to inherit the parcel of land from Teodora by right of representation. Martin, however, sold the land to private respondents Teodora Domingo. Just the same, the petitioners sought reconveyance, saying that they are entitled to inherit of the property in question by right of representation. In this regard, private respondent Domingo maintains that the petitioners failed to establish their legitimate filiation. ISSUE: Whether or not the legitimacy of petitioners may be properly challenged in the present action for reconveyance HELD: No. The private respondent is not the proper party to impugn the legitimacy of herein petitioners. The presumption consequently continues to operate in favor of petitioners unless and until it is rebutted. Even assuming that the issue is allowed to be resolved, the burden of proof rests not on the petitioners who have the benefit of the presumption in their favor, but on the private respondent who is disputing the same.