Case Summary (G.R. No. 32195)
Relevant Court Proceedings
The appeal arises from an order issued by the Court of First Instance of Capiz on May 15, 1929, which granted the petition for judicial administration of the estate and appointed Juana Firmalino as the administratrix. The appellant raised multiple assignments of error concerning the proceedings.
Summary of Assignments of Error
The first assignment of error pertains to the overruling of Melchor Fajardo’s objection to the intestate proceedings regarding his parents’ estate. He contended that the estate had already been divided among the heirs prior to their parents' death. Secondly, Melchor claimed that he should have been allowed to present evidence demonstrating that both he and Petronila had been in possession of their parents' real properties for a prescriptive period. Lastly, he asserted that he should have been permitted to show that the distribution of the real estate by their deceased parents was equitable.
Claims of Ownership and Possession
Melchor contended that prior to their father's death, an informal partition had occurred, allowing him to take possession of certain lands. He supported his claim by asserting that he paid taxes on these lands and utilized the land's produce for his purposes. Conversely, Petronila denied any prior division of the estate and claimed she only took possession of the real estate after their father's death.
Legal Validity of Partition
The court found insufficient evidence to substantiate Melchor's claims regarding a prior division of the estate. It highlighted that, if a partition had indeed taken place, it lacked legal enforceability since it failed to comply with the requisite formalities. Under the provisions of the Civil Code, a partition could be executed via an act inter vivos or a will, each of which mandates specific formal requirements. The court, referencing scholarly commentary, emphasized that any partition made through an act inter vivos must be formalized in writing and executed through a public instrument, whereas a testam
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Background of the Case
- This case involves an appeal from the order of the Court of First Instance of Capiz dated May 15, 1929.
- The order granted a petition for judicial administration of the estate of the deceased spouses, Magdaleno Fajardo and Candelaria Firmalino.
- Juana Firmalino was appointed as the administratrix of the estate.
- The appeal was made by Melchor Fajardo, the opponent and appellant, against Petronila Fajardo, the petitioner and appellee, who are siblings and the sole heirs of the deceased.
Questions Raised in the Appeal
- The appellant raised several assignments of error:
- First Assignment: The court erred in overruling Melchor Fajardo's objection against the intestate proceedings concerning the estate.
- Second Assignment: The court erred in not allowing Melchor Fajardo to present evidence that both he and Petronila Fajardo had been in possession of realty owned by their parents for a prescriptive period.
- Third Assignment: The court erred in not allowing Melchor Fajardo to present evidence regarding the equitable distribution of real estate made by their deceased parents.
Parties Involved
- Melchor Fajardo and Petronila Fajardo are