Case Digest (G.R. No. L-51263)
Facts:
In Cresenciano Leonardo vs. Court of Appeals, G.R. No. 51263, decided on February 28, 1983 under the 1973 Philippine Constitution, petitioner Cresenciano Leonardo filed on October 29, 1964 in the Court of First Instance of Rizal a complaint for ownership, partition, and accounting of properties allegedly belonging to his great-grandmother, the late Francisca Reyes, who died intestate on July 12, 1942. Francisca was survived by two daughters—Maria and Silvestra Cailles—and a grandson, Sotero Leonardo, son of Pascuala Cailles (deceased). Sotero died in 1944 and Silvestra in 1949 without issue. Petitioner claimed to be the legitimate son of Sotero Leonardo and sought a one-half share of the estate by right of representation alongside Maria Cailles, who denied his heirship and asserted exclusive ownership of two parcels in Las Piñas, Rizal. James Bracewell, grantee of a deed of sale from Maria Cailles, and the Rural Bank of Parañaque, Inc. (as mortgagee), were impleaded as defendantCase Digest (G.R. No. L-51263)
Facts:
- Deceased and kinship
- Francisca Reyes died intestate on July 12, 1942, leaving two daughters (Maria and Silvestra Cailles) and a grandson, Sotero Leonardo (son of predeceased daughter Pascuala).
- Sotero died in 1944; Silvestra died in 1949 without issue.
- Claim and procedural history
- On October 29, 1964, Cresenciano Leonardo (claiming to be Sotero’s son) sued for declaration as heir of Francisca Reyes (one-half share), partition of two parcels, accounting of income, and damages.
- Maria Cailles asserted exclusive ownership through deeds of sale dated 1908 and 1917; James Bracewell claimed title via purchase from Cailles; Rural Bank of Parañaque held a mortgage.
- Trial court ruled for petitioner; on appeal (CA-G.R. No. 43476-R), the Court of Appeals reversed and dismissed the complaint.
Issues:
- Property ownership
- Are the two parcels exclusively owned by the respondents (Cailles and Bracewell)?
- Proof of filiation
- Did petitioner establish by clear evidence that he is the son of Sotero Leonardo?
- Right of representation
- Can petitioner, as great-grandson of Francisca Reyes, inherit by representation?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)