Case Digest (G.R. No. 7399)
Facts:
Gregoria Ablang v. Mariano Fernandez and Catalino Jandoc, G.R. No. 7399. August 06, 1913, the Supreme Court En Banc, Johnson, J., writing for the Court.This was a possessory action in the Court of First Instance of Ilocos Sur to recover possession of three parcels of land in Vigan. The original complaint, filed January 19, 1911, was brought by Vicente Donato, who claimed to be the legitimate son and private administrator of the property of Chan‑Peco (alias Oles), alleged to be absent in the Chinese Empire. The defendants demurred to that complaint; the demurrer was sustained and the plaintiff was ordered to amend.
On March 1, 1911, an amended complaint was filed substituting Gregoria Ablang as plaintiff. In the amended pleading Ablang alleged she was the legitimate wife of Chan‑Peco, that her husband was absent and his whereabouts unknown, that she was administering his property, and that Chan‑Peco had been in possession of the lands through her for thirty years. The defendants demurred to the amended complaint on grounds that the plaintiff lacked legal capacity to maintain the action and that the complaint failed to state a cause of action.
The trial court overruled the demurrer and required the defendants to answer; after trial the Court of First Instance found for the plaintiff and awarded possession. The defendants appealed to the Supreme Court, assigning, among others, error in the lower court's overruling of their demurrer. The Supre...(Subscriber-Only)
Issues:
- Did the trial court err in overruling the defendants' demurrer to the amended complaint?
- Did Gregoria Ablang have legal capacity to maintain the action on behalf of her alleged absentee husband absent allegations of judicial appointment or a declaration of absence ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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