Case Digest (G.R. No. 47009)
Facts:
Domingo Gerio v. Nemesio Gerio, G.R. No. 47009, December 19, 1940, the Supreme Court, Avanceaa, C.J., writing for the Court. The plaintiff-petitioner was Domingo Gerio; the defendant-respondent was Nemesio Gerio.Domingo sued to recover ownership and possession of a described parcel of land. The trial court (Juzgado de Primera Instancia) dismissed the complaint. On appeal, the Court of Appeals reversed: it found Domingo to be the owner of the land and ordered Nemesio to deliver possession to him.
The Court of Appeals accepted facts showing that in or about 1909 Nemesio caused his eldest son Domingo to declare the land in the son's name so that the son could qualify to vote for municipal president in that year's elections. Despite the purported transfer (Exhibit I), Nemesio continued in possession of the land, collecting its fruits and paying taxes, and his possession remained uninterrupted until 1936. The Court of Appeals concluded the alleged transfer was fictitious, executed without consideration, and intended solely to enable the son to vote in 1909.
The record also showed the land had been sold at public auction in an execution against Domingo, and Domingo later repurchased it — but he did so with funds provided by Nemesio, a fact the Court of Appeals treated as confirming Nemesio's continued ownership. The errors urged by Domingo on appeal related only to the weight of the evidence; the Court of Appeals nevertheless affirmed its conclusion of a fictitious ...(Pro-only)
Issues:
- May the Supreme Court disturb the Court of Appeals' factual finding on the weight of the evidence that the alleged transfer was fictitious?
- Was the alleged transfer (Exhibit I) from Nemesio to Domingo fictitious such that Domingo did not acquire ownership?
- Did prescription bar Nemesio's claim to ownership given the parties' conduct?
- Did Nemesio's conduct in making the transfer appear to have occurred estop him from asserting ow...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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