Title
Fajardo vs. Fajardo
Case
G.R. No. 32195
Decision Date
Aug 19, 1930
Siblings dispute intestate estate; appellant claims lifetime partition, but fails to prove legal formalities. Court upholds judicial administration due to unproven partition.

Case Digest (G.R. No. 32195)
Expanded Legal Reasoning Model

Facts:

  • Background of the Case
    • The case involves the intestate estate of the deceased spouses Magdaleno Fajardo and Candelaria Firmalino.
    • The petition was filed by Petronila Fajardo, who is both petitioner and appellee, against her brother Melchor Fajardo, the appellant and opponent.
    • The judicial administration of the estate was granted through an order by the Court of First Instance of Capiz dated May 15, 1929, appointing Juana Firmalino as the administratrix.
  • Dispute Between the Heirs
    • The primary dispute centers on whether a partition of the estate by their deceased father had been previously effected.
    • Appellant Melchor Fajardo claimed that their father had divided his estate between the two children during his lifetime, implying a valid inter vivos partition.
    • Petitioner Petronila Fajardo denied the existence of any such partition and maintained that no partition meeting legal formalities had been made.
  • Evidence Presented on Possession
    • Evidence showed that Melchor Fajardo had taken possession of certain lands belonging to his late father before the latter’s death.
      • He paid the land tax and appropriated the fruits of the land for his personal use.
    • In contrast, Petronila Fajardo, although currently in possession of certain real property from the same estate, did not present evidence that her possession began during her father’s lifetime.
      • Both she and her spouse testified that their possession commenced only after her father’s death.
  • Legal Arguments and Procedural Issues Raised
    • The appellant raised objections against the institution of intestate proceedings by citing the alleged valid partition of their deceased parent’s estate.
    • The objections included:
      • Challenging the appointment of Juana Firmalino as administratrix.
      • Arguing that, if partition had taken place, evidence such as possession over a prescriptive period and equitable distribution should have been considered.
    • The court examined whether the partition claim was enforceable under applicable legal formalities.

Issues:

  • Objection to Intestate Proceedings
    • Whether the court erred in overruling Melchor Fajardo’s objection to the institution of intestate proceedings concerning the estate.
    • Whether the grant of judicial administration to Petronila Fajardo was proper despite the objection raised.
  • Evidence on Prescriptive Possession
    • Whether the court should have allowed the appellant to adduce evidence that each heir had been in possession of the real property for a prescriptive period.
    • Whether such possession would validate the partition of the estate made by their deceased father.
  • Admissibility of Evidence Regarding Partition
    • Whether the court erred in refusing to permit evidence that the distribution of the estate by the deceased parents was just and equitable.
    • Whether such evidence could establish that a valid partition took place by an act inter vivos or by last will in compliance with legal formalities.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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