Title
Balicudiong vs. Balicudiong
Case
G.R. No. L-29603
Decision Date
Jun 7, 1971
Mateo and Anastacia acquired Lot No. 5547 as conjugal property. Mateo assigned it to Antonio in 1931, but the deed was void as to Anastacia’s share. Plaintiffs’ claim for annulment was barred by prescription after 21 years.
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Case Digest (G.R. No. L-29603)

Facts:

Family Background

Mateo Balicudiong and Anastacia Alcoba were married on May 12, 1884. They had four children: Isabel, Antonio, Cirila, and Anacleto. Cirila died but was survived by her children, Rodolfo and Gregoria Balicudiong. Isabel, Antonio, and Anacleto survived their parents, but Isabel and Antonio died during the trial. Isabel was survived by seven children, while Antonio was survived by four children. Anastacia died on September 23, 1923.

Acquisition of the Property

On July 1, 1920, Mateo Balicudiong purchased Lot No. 5547 of the Imus Friar Lands Estate from the Bureau of Lands on an installment basis for P433.00 plus interest. Sale Certificate No. 6612 was issued in Mateo's name, effective from July 1, 1920. Anastacia was still alive at the time of the purchase. Mateo continued paying the installments until the purchase price was fully paid on June 1, 1931.

Assignment of the Property

On June 4, 1931, Mateo executed a deed of assignment of Sale Certificate No. 6612 in favor of his son, Antonio Balicudiong, for P300.00. The deed was acknowledged before a notary public and approved by the Director of Lands.

Possession of the Property

The trial court found that Antonio had been in possession of the property since 1927 or 1928, and it was under his administration that the land was converted from pasture to agricultural land.

Legal Proceedings

Plaintiffs-appellees (heirs of Isabel and Anacleto) filed a complaint for annulment and partition, claiming the property was conjugal and that the assignment to Antonio was invalid as to Anastacia’s share. The trial court declared the assignment valid only as to Mateo’s half of the property and ordered partition of the other half.

Issue:

  1. Whether Lot No. 5547 is conjugal property.
  2. Whether the deed of assignment by Mateo to Antonio is valid as to the entire lot or only as to Mateo’s share.
  3. Whether the heirs of Anastacia’s share in the property were barred by prescription.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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