Case Digest (G.R. No. L-18104)
Facts:
- The case involves Juana Martinez, representing herself and her daughter Sinforosa Vilar, against Juana Tolentino and others.
- The Supreme Court of the Philippines decided the case on June 10, 1922.
- The dispute originated from a lower court's action for the partition of real properties.
- The trial court had ordered a partition, requiring parties to submit a tentative plan.
- The proposed plan allocated one-half of the properties to Juana Tolentino and one-eighth each to Pio Vilar, Generosa Vilar, and Bernardino Vilar.
- If no agreement was reached, the court instructed the parties to suggest disinterested individuals as commissioners.
- After failing to reach an agreement, the court appointed Fausto Aquino, Ramon Kipse, and Matias Neri as commissioners.
- The commissioners submitted their first report on September 2, 1920, which was objected to by the plaintiffs and disapproved by the court.
- A second report was filed on June 21, 1921, and approved by the court on July 22, 1921.
- The defendants appealed, claiming the report did not conform to the court's decision and was approved without their input.
- They argued that Commissioner Matias Neri's absence during the report's preparation invalidated the process.
Issue:
- (Unlock)
Ruling:
- The Supreme Court affirmed the trial court's order, stating the partition was consistent with the established distribution of properties.
- The court found no merit in the appellants' first claim regarding Commissioner Matias Neri's absence.
- Regarding the second claim, the court ruled that the defendants' request for a copy...(Unlock)
Ratio:
- The Supreme Court's decision was based on the examination of the partition report and the original court ruling.
- The court determined the partition adhered to the proportions set in the earlier decision, dismissing the firs...continue reading
Case Digest (G.R. No. L-18104)
Facts:
The case of Juana Martinez, in her own behalf and as natural guardian of her daughter Sinforosa Vilar, against Juana Tolentino and others, was decided by the Supreme Court of the Philippines on June 10, 1922. The case originated from a lower court's action for the partition of real properties. The trial court had previously decreed a partition, mandating the parties to submit a tentative partition plan. This plan was to allocate one-half of the properties to Juana Tolentino and one-eighth each to Pio Vilar, Generosa Vilar, and Bernardino Vilar. In the event that the parties could not reach an agreement, the court instructed them to propose names of disinterested individuals to be appointed as commissioners for the partition. When no agreement was reached, the trial court appointed Fausto Aquino, Ramon Kipse, and Matias Neri as commissioners.
On September 2, 1920, the commissioners submitted their report, which was met with objections from the plaintiffs and subsequently disapproved by the court. A second report was filed on June 21, 1921, which was later approved by the court on July 22, 1921. The defendants appealed this order, claiming two errors: first, that the report was not in accordance with the court's decision regarding the partition, and second, that the report was approved without the defendants or their counsel bein...