case digest 1
C.A. No. 299 March 18, 1946
FELIX ADAN, plaintiff-appellant, vs. AGAPITO CASILI and VICTORIA ADAN, defendants-appellees.
OZAETA, J.:
The plaintiff Felix Adan commenced this action in the Court of First Instance of Camarines Sur against his sister Victoria Adan and the latter's husband, Agapito Casili, to secure the judicial partition of the estate left by their deceased mother, Simplicia Nepomuceno, alleged to consist of six parcels of land which are specifically described in the complaint. Parcels 1 and 3, however, were subsequently discarded, the first having been sold by the parties to the municipality of Libmanan, Camarines Sur, and the second being admittedly the property of Maria Adan, a half sister of the parties litigant. The remaining four parcels, referred to in the record as lots Nos. 2, 4, 5, and 6, are valued by both parties at P2,783.55.
The defendants interposed the following defense: That the four lots in question were ceded by the deceased Simplicia Nepomuceno to her daughter Victoria Adan as her share of the inheritance; and that the plaintiff has received more than his share consisting of money, livestock, palay, and real property, namely:
Expenses of the plaintiff as a student from 1918 to 1925
P8,000.00
Twelve carabaos received by the plaintiff from his mother, at P30 each
9;360.00
Three hundred cavans of palay, at P4.20 a cavan
1,260.00
Cash taken by the plaintiff from his mother in 1927
1,110.00
Two parcels of land bought by the plaintiff with money he received from his mother
1,220.00
The trial court found that the alleged donation by the deceased Simplicia Nepomuceno of the four parcels of land in question had not been duly proven, there being no written document to support it, and that therefore the said four parcels of land should be brought into collation. It also found that the alleged receipt by the plaintiff from his mother of P1,110 in cash and of P1,220 with which the plaintiff purchased the two
FELIX ADAN, plaintiff-appellant, vs. AGAPITO CASILI and VICTORIA ADAN, defendants-appellees.
OZAETA, J.:
The plaintiff Felix Adan commenced this action in the Court of First Instance of Camarines Sur against his sister Victoria Adan and the latter's husband, Agapito Casili, to secure the judicial partition of the estate left by their deceased mother, Simplicia Nepomuceno, alleged to consist of six parcels of land which are specifically described in the complaint. Parcels 1 and 3, however, were subsequently discarded, the first having been sold by the parties to the municipality of Libmanan, Camarines Sur, and the second being admittedly the property of Maria Adan, a half sister of the parties litigant. The remaining four parcels, referred to in the record as lots Nos. 2, 4, 5, and 6, are valued by both parties at P2,783.55.
The defendants interposed the following defense: That the four lots in question were ceded by the deceased Simplicia Nepomuceno to her daughter Victoria Adan as her share of the inheritance; and that the plaintiff has received more than his share consisting of money, livestock, palay, and real property, namely:
Expenses of the plaintiff as a student from 1918 to 1925
P8,000.00
Twelve carabaos received by the plaintiff from his mother, at P30 each
9;360.00
Three hundred cavans of palay, at P4.20 a cavan
1,260.00
Cash taken by the plaintiff from his mother in 1927
1,110.00
Two parcels of land bought by the plaintiff with money he received from his mother
1,220.00
The trial court found that the alleged donation by the deceased Simplicia Nepomuceno of the four parcels of land in question had not been duly proven, there being no written document to support it, and that therefore the said four parcels of land should be brought into collation. It also found that the alleged receipt by the plaintiff from his mother of P1,110 in cash and of P1,220 with which the plaintiff purchased the two