Case Digest (G.R. No. 41056)
Facts:
- The case of Pamittan v. Lasam (G.R. No. 41056) was decided on November 14, 1934, by the Supreme Court of the Philippines.
- Plaintiffs-appellants, Sofia Pamittan and others, filed a civil action for the partition of fourteen tracts of land in Cagayan.
- Defendants were Gabriel Lasam and Quirino Mallonga, with Lasam also appealing the decision.
- Plaintiffs were the sole surviving heirs of Bernarda Pamittan, who married Gabriel Lasam on June 10, 1880.
- Bernarda died intestate in September 1908, leaving no descendants or ascendants.
- During their marriage, Bernarda and Gabriel acquired the fourteen parcels of land, except for parcels 7 and 8.
- On January 24, 1930, Gabriel Lasam filed for the registration of title to several parcels, claiming absolute ownership.
- A decree was issued in his favor on March 30, 1932, for all parcels except parcel No. 7.
- Certificates were issued by the General Land Registration Office on April 12, 1933.
- Gabriel Lasam paid various taxes on these lots since 1908, totaling P13,506.22.
- The trial court ruled in favor of the plaintiffs, ordering the partition of most parcels but recognizing parcels 7 and 8 as Gabriel Lasam's exclusive property.
- Both parties appealed the decision.
Issue:
- (Unlock)
Ruling:
- The trial court did not err in declaring the donations invalid due to the lack of a public instrument.
- The trial court did not err in rejecting Gabriel Lasam...(Unlock)
Ratio:
Invalid Donations:
- The court upheld the trial court's application of Article 633 of the Civil Code, which requires a public instrument for the donation of real property.
- The small tracts of land were given without such an instrument, making the donations invalid.
- The donees were not parties to the suit, so their potential rights by prescription were not considered.
Ownership by Prescription:
- The court found no merit in Gabriel Lasam's claim of ownership by prescription.
- Upon Bernarda's death, the lands remained conjugal property.
- Article 1418 of the Civil Code requires an immediate inventory and liquidation of the conjugal partnership upon its dissolution.
- The surviving husband...continue reading
Case Digest (G.R. No. 41056)
Facts:
The case of Pamittan v. Lasam (G.R. No. 41056) was decided on November 14, 1934, by the Supreme Court of the Philippines. The plaintiffs-appellants, Sofia Pamittan and others, initiated a civil action for the partition of fourteen tracts of land situated in the Province of Cagayan. The defendants in the case were Gabriel Lasam and Quirino Mallonga, with Lasam also appealing the decision. The plaintiffs were the sole surviving heirs of Bernarda Pamittan, who had married Gabriel Lasam on June 10, 1880. Bernarda passed away intestate in September 1908, leaving no descendants or ascendants. During their marriage, Bernarda and Gabriel acquired the fourteen parcels of land in question, except for parcels 7 and 8. On January 24, 1930, Gabriel Lasam filed a petition in the Court of First Instance of Cagayan for the registration of title to several parcels, asserting absolute ownership. A decree was issued in his favor on March 30, 1932, for all parcels except parcel No. 7. The General Land Registration Office issued certificates in accordance with this decree on April 12, 1933. Gabriel Lasam had paid various taxes on these lots since 1908, amounting to P13,506.22. The trial court ruled in favor of the plaintiffs, ordering the partition of most parcels but recognizing parcels 7 and 8 as the exclusive property of Gabriel Lasam. Both parties appealed the decision.
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