Case Summary (G.R. No. 847)
Purpose of the Action
The action initiated by Eulalio Hernaez seeks to compel Rosendo Hernaez to include the values of two properties—the Naga estate and the Panaogao estate—within the inventory of the intestate estate. This is pursued under the legal principle of collation, which mandates that a forced heir must account for certain assets received from the decedent during the decedent's lifetime.
Factual Background
The facts presented by the plaintiff indicate that Rosendo Hernaez was financially supported by their father following his educational pursuits in Manila. Rosendo later purchased the Naga estate without any engaging trade and served as the administrator for his parents' properties. Notably, the plaintiff asserts that the funds used for the Naga estate's acquisition belonged to their father. The Panaogao estate, however, was acquired by Rosendo posthumously from their father.
Legal Basis
The plaintiff's argument primarily rests on Article 1035 of the Civil Code, which requires forced heirs to account for any properties or gifts received from the decedent. The plaintiff contends that Rosendo must account for the acquisition of the Naga estate based on this provision.
Reliance on Evidence and Credibility
The court notes that the key fact pertaining to the Naga estate's acquisition was not sufficiently established. The plaintiff attempted to introduce additional claims regarding Rosendo's partnership with his brother; however, testimonies from both sides were inconsistent. Notably, witnesses for the defendant testified that the Naga estate was funded by Rosendo’s personal labor rather than any financial assistance from their father, challenging the assertions made by the plaintiff.
Acquisition of Properties
The Naga estate was obtained by Rosendo from his brother Julian in 1881, while the Panaogao estate was purchased from Pedro Garganera in 1898. Evidence and testimonies pr
...continue readingCase Syllabus (G.R. No. 847)
Background of the Case
- The case involves the intestate estate proceedings of Pedro Hernaez, the deceased father of both the plaintiff, Eulalio Hernaez, and the defendant, Rosendo Hernaez.
- The plaintiff seeks to include the values of the Naga and Panaogao properties, owned by the defendant, in the estate inventory via collation.
Facts of the Case
- Rosendo Hernaez was financially supported by his father upon returning from Manila due to his poor condition.
- Shortly after his return, Rosendo purchased the Naga estate, despite not being engaged in any profitable business at that time.
- He served as the administrator of his parents' property.
- The plaintiff alleges that the funds used to acquire the Naga estate were from his father.
- The Panaogao estate was bought by Rosendo after the death of his father.
Legal Basis for Claim
- The plaintiff references Article 1035 of the Civil Code, which mandates that forced heirs may need to bring into collation properties or money received gratuitously from the decedent during their lifetime.
- The core issue revolves around the acqui