Case Digest (G.R. No. 47475)
Facts:
Donato Lajom v. Jose P. Viola, Rafael Viola, and Silvio Viola, G.R. No. 47475. May 06, 1942, the Supreme Court En Banc, Bocobo, J., writing for the Court.
The plaintiff-appellant, Donato Lajom, filed suit on March 17, 1939 (amended May 16, 1939) against Jose P. Viola, Rafael Viola, and Silvio Viola (defendants-appellees), seeking a judicial declaration that he was a natural child of the late Dr. Maximo Viola and therefore a co-heir; after collation, payment of debts and accounting of fruits he prayed for a new partition awarding him one-seventh and the three defendants two-sevenths each. The amended complaint alleged tacit acknowledgment by the deceased, cohabitation and public recognition in childhood, and that the defendants had promised to give him his lawful share but fraudulently concealed his existence during probate proceedings.
The complaint further alleged that a testate (probate) proceeding covering the decedent’s estate had been instituted and closed in the Court of First Instance of Bulacan (civil case No. 4741), that the defendants executed a Convenio de Particion y Adjudicacion dated October 25, 1935 and had been occupying and enjoying the properties, and that the plaintiff had demanded his share but the defendants refused to deliver it.
The Court of First Instance of Nueva Ecija, by order dated July 31, 1939, sustained the defendants’ demurrer to the amended complaint and dismissed the action, holding (1) the complaint called for the exercise of probate jurisdiction and therefore failed to state a cause of action in an ordinary civil case, and (2) Nueva E...(Pro-only)
Issues:
- Did the Court of First Instance of Nueva Ecija have jurisdiction to entertain the plaintiff’s action despite the prior probate proceedings in the Court of First Instance of Bulacan?
- Did the amended complaint state facts sufficient to constitute a cause of action (i.e., was the pleading adequate to sustain an action for recognition/reivind...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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