Title
Baloloy vs. Edu
Case
G.R. No. 6375
Decision Date
Oct 19, 1911
Plaintiff sought partition of lands in Ilocos Norte, but failed to prove identity of lands or prior division; court ruled against second partition due to insufficient evidence and description.

Case Summary (G.R. No. L-30532)

Nature of the Action

On June 12, 1909, the plaintiff initiated an action for partition, claiming rights over the land parcels. The defendants responded with a general and special answer asserting their exclusive ownership over the first two parcels and denying any interest in the third and fourth parcels, countering that they were possessed by Maximo Zales.

Trial Proceedings and Findings

After evaluating the presented evidence, Judge Dionisio Chanco concluded that (a) the parcels had already been divided, rendering the petition for partition inappropriate; (b) the land described in Baloloy's complaint did not match the land detailed in a plan he presented; and (c) the defendants had established their entitlement to the land they were currently occupying.

Plaintiff's Evidence

In the course of the trial, Baloloy testified about a mutual agreement made in 1869 between his parents and those of the defendants regarding the division of the land. He presented Exhibit A, which was supposed to document this agreement. However, the specificity of the land descriptions within Exhibit A was found lacking, making it impossible to definitively relate them to the parcels in question.

Historical Actions and Claims

The record indicates that on May 28, 1870, Baloloy's parents had previously initiated action to recover possession of another parcel in Rincon, which was ruled in favor of the defendants' parents. Nevertheless, there was no evidence to establish that the lands involved in this earlier action were the same as those subject to the current dispute.

Court's Reasoning on Partition

By accepting the plaintiff's claim that a prior partition had taken place, the court determined that there was no justification for a second partition. Should Baloloy have lost his rightful share, his legal recourse would not lay in partition but rather in recovering possession through appropriate legal channels.

Requirements for Land Identification

The evidence submitted did not adequately identify the contested lands with sufficient precision

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