APPEAL AND ERROR; FAILURE TO APPEAL FROM PART OF JUDGMENT; EFFECT. — Not having appealed from the judgment of the trial court which did not grant them their prayer for accounting of the products of the land and the value of such products to which they as co-owners are entitled, that part of the judgment after the lapse of the period provided for the perfection of an appeal became final in so far as the petitioner, plaintiffs and appellees in the Courts below, are concerned.

This is a petition for a writ of certiorari under Rule 46 to have a judgment rendered by the Court of Appeals reviewed on questions of law, and after hearing to have it set aside and the complaint filed by the respondents, plaintiffs and appellees in the Courts below, dismissed, with costs against them. In the sixth paragraph of the petition the petitioners, defendants and appellants in the Courts below, raise two questions: (1) That the award of P2,850.00 (should be P2,050.00) by the respondent Court to the other respondents which had not been awarded by the trial court constitutes a grave abuse of discretion, because the respondents did not appeal from the judgment of the trial court which for that reason became final in so far as the respondents, plaintiffs and appellees in the Courts below, are concerned; and (2) That the fact that the respondents, plaintiffs and appellees in the Courts below, are surnamed or bear the family name of Daracan is not a conclusive proof that they are the descendants of the late Reginaldo Daracan and entitled as such to share in his estate. The respondent Court found and held that —



Liborio, Fruto and Reginaldo, all surnamed Daracan, were the legitimate children of Tomas Daracan who died intestate in 1929. Reginaldo died intestate in 1910; Fruto died intestate in 1921 and Liborio died intestate in 1944. Defendants Gabina, Victorio, Lorenzo, Domingo, Jovito, Mercedes, Bonifacia and Pacita, all surnamed Daracan, are the legitimate children of Liborio Daracan. Fruto was survived by only one legitimate child, called Fruto Daracan 2