Case Digest (G.R. No. L-2209)
Facts:
Segundo Javier v. Longinos Javier, G.R. No. 2209, January 02, 1907, Supreme Court En Banc, Mapa, J., writing for the Court.
The suit concerned title to a house and a lot that had been included in the inventory of the estate of the deceased spouses Manuel Javier and Perfecta Tagle. Segundo Javier (plaintiff and appellant) sought exclusion of the property from the estate inventory on the ground that both the lot and the house were his exclusive property. Longinos Javier, as administrator of the estate (defendant and appellee), maintained that the property belonged to the estate and counterclaimed for recovery of possession and rents from the plaintiff, who was in possession.
The trial court found for the defendant (the estate). The plaintiff excepted to the judgment, moved for a new trial on the ground that the judgment was not supported by the weight of the evidence, and brought the case to the Supreme Court by a bill of exceptions for review.
As to the lot: an instrument dated September 11, 1862, executed by Manuel Javier to Ceferino Joven for 350 pesos was introduced; its terms state that Manuel “actually sells and transfers” the two lots and transfers “title and ownership” to Joven. Defendant’s witnesses (the plaintiff’s sisters, Gavina Javier and Romualda Javier) testified that they and their brother Martin repurchased the lot for 350 pesos, but the plaintiff introduced evidence that he and his brother Luis bought the lot from the heirs of Joven and that Luis later sold his share to plaintiff. The plaintiff also produced a March 12, 1884 instrument by Ceferino Joven, jr. (as vendor and attorney-in-fact for his mother and brothers) selling the lot to the plaintiff and Luis for 350 pesos; the vendor admitted the instrument’s authenticity. The plaintiff was in physical possession and had registration in his name.
As to the house (distinct from the land): the building was begun about 1880, rebuilt after an 1882 typhoon, and completed only later; the plaintiff testified he built the house with his father’s knowledge and at his own expense. He produced multiple receipts signed by fellow heirs (Felix and Martin Javier) acknowledging loans or advances and expressly describing “the house of strong materials … the exclusive property of my brother, Segundo Javier.” Felix admitted signing those papers; Martin’s signatures were identified by his son. Defense witnesses asserte...(Subscriber-Only)
Issues:
- Did the trial court err in holding that the lot in question formed part of the estate of Manuel Javier and Perfecta Tagle rather than belonging to the plaintiff?
- Did the trial court err in holding that the house in question formed part of the estate rather than being the exclusive property of the plaintiff?
- If the house was built by the plaintiff in good faith on land of the estate, what remedy and rights follow...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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