Zenhashy's Place

CONSOLACION FLORENTINO DE CRISOLOGO, ET AL., vs. DR. MANUEL SINGSON G.R. No. L-13876             February 28, 1962 DIZON, J.: Facts: Action for partition commenced by the spouses Consolacion Florentino and Francisco Crisologo against Manuel Singson in connection with a residential lot located a Plaridel St., Vigan, Ilocos Sur, with an area of approximately 193 square meters, and the improvements existing thereon. Their complaint alleged that Singson owned one-half pro-indiviso of said property and that Consolacion Florentino owned the other half by virtue of the provisions of the duly probated last will of Dña. Leona Singson, the original owner, and the project of partition submitted to, and approved by the Court of First Instance of Ilocos Sur in special Proceeding; that plaintiffs had made demands for the partition of said property, but defendant refused to accede thereto, thus compelling them to bring action. De...

CARMEN G. DE PEREZ vs. MARIANO GARCHITORENA, and JOSE CASIMIRO G.R. No. L-31703 February 13, 1930 ROMUALDEZ, J.: Facts: The question here raised is confined to the scope and meaning of the institution of heirs made in the will of the late Ana Maria Alcantara already admitted to probate, and whose legal force and effect is not in dispute. The clauses of said will relevant to the points in dispute, between the parties are the ninth, tenth, and eleventh, quoted below: Ninth. Being single and without any forced heir, to show my gratitude to my niece-in-law, Carmen Garchitorena, of age, married to my nephew, Joaquin Perez Alcantara, and living in this same house with me, I institute her as my sole and universal heiress to the remainder of my estate after the payment of my debts and legacies, so that upon my death and after probate of this will, and after the report of the committee on claims and appraisal has been rendered and approved, she will receive from my executrix and...

HILARION, JR. and ENRICO ORENDAIN, represented by FE D. ORENDAIN vs. TRUSTEESHIP OF THE ESTATE OF DOA MARGARITA RODRIGUEZ G.R. No. 168660 June 30, 2009 NACHURA, J.: Facts: The decedent, Doa Margarita Rodriguez, died in Manila, leaving a last will and testament. The will was admitted to probate. The CFI Manila approved the project of partition presented by the executor of Doa Margarita Rodriguezs will. At the time of her death, the decedent left no compulsory or forced heirs and, consequently, was completely free to dispose of her properties, without regard to legitimes, as provided in her will. Some of Doa Margarita Rodriguezs testamentary dispositions contemplated the creation of a trust to manage the income from her properties for distribution to beneficiaries. As regards Clause 10 of the will which explicitly prohibits the alienation or mortgage of the properties specified therein, we had occasion to hold, in Rodriguez, etc., et al. v. Court of Appeals, et al., that th...

MA. PILAR SANTIAGO and CLEMENTE SANTIAGO vs. ZOILO S. SANTIAGO, FELICIDAD SANTIAGO-RIVERA, HEIRS OF RICARDO SANTIAGO, HEIRS OF CIPRIANO SANTIAGO, HEIRS OF TOMAS SANTIAGO G.R. No. 179859 August 9, 2010 CARPIO MORALES, J.: Facts: Basilio Santiago contracted three marriages the first to Bibiana Lopez, the second to Irene Santiago, and the third to Cecilia Lomotan. Basilio and his first wife bore two offsprings, Irene and Marta, the mother of herein oppositors Felimon, Leonila, Consolacion, Ananias, Urbano, and Gertrudes, all surnamed Soco. Basilio and his second wife had six offsprings, Tomas, Cipriano, Ricardo, respondents Zoilo and Felicidad, and petitioner Ma. Pilar, all surnamed Santiago. Basilio and his third wife bore three children, Eugenia herein petitioner Clemente, and Cleotilde, all surnamed Santiago. One of the provision of the will state that “e) Ang lupat bahay sa Lunsod ng Maynila na nasasaysay sa itaas na 2(c) ay ililipat at ilalagay sa pangalan nila Ma. Pila...

ZONIA ANA T. SOLANO vs. THE COURT OF APPEALS, BIENVENIDO S. GARCIA, and EMETERIA S. GARCIA G.R. No. L-41971 November 29, 1983 MELENCIO HERRERA, J.: Facts: Bienvenido Garcia and Emeteria Garcia, claiming to be illegitimate children of Dr. Meliton Solano, filed an action for recognition against him. In his Answer, Solano denied paternity. On February 3, 1970, during the pendency of the suit, Solano died. Petitioner Zonia Ana Solano was ordered substituted for the decedent as the only surviving heir mentioned in his Last Will and Testament probated on March 10, 1969, or prior to his death. Zonia entered her formal appearance as a "substitute defendant" on March 4, 1970 claiming additionally that she was the sole heir of her father, Solano, and asking that she be allowed to assume her duties as executrix of the probated Will with the least interference from the Garcias who were "mere pretenders to be illegitimate children of Solano". Issue: Whether ...

ADOLFO C. AZNAR vs. MARIA LUCY CHRISTENSEN DUNCAN G.R. No. L-24365 June 30, 1966 MAKALINTAL, J.: Facts: Edward E. Christensen, a citizen of California with domicile in the Philippines, died leaving a will. The will was admitted to probate. In that same decision the court declared that Maria Helen Christensen Garcia was a natural child of the deceased. The declaration was appealed to this Court, and was affirmed. In another incident relative to the partition of the deceased's estate, the trial court approved the project submitted by the executor in accordance with the provisions of the will, which said court found to be valid under the law of California. Helen Garcia appealed from the order of approval, and this Court reversed the same on the ground that the validity of the provisions of the will should be governed by Philippine law, and returned the case to the lower court with instructions that the partition be made as provided by said law.  CFI issued an order app...

RAFAEL E. MANINANG and SOLEDAD L. MANINANG vs. COURT OF APPEALS, HON. RICARDO L. PRONOVE, JR., and BERNARDO S. ASENETA G.R. No. L-57848 June 19, 1982 MELENCIO-HERRERA, J.: Facts: On May 21, 1977, Clemencia Aseneta, single, died at the Manila Sanitarium Hospital at age 81. She left a holographic will, the pertinent portions of which are quoted hereunder: “It is my will that all my real properties located in Manila, Makati, Quezon City, Albay and Legaspi City and all my personal properties shagllbe inherited upon my death by Dra. Soledad L. Maninang with whose family I have lived continuously for around the last 30 years now. Dra. Maninang and her husband Pamping have been kind to me. ... I have found peace and happiness with them even during the time when my sisters were still alive and especially now when I am now being troubled by my nephew Bernardo and niece Salvacion. I am not incompetent as Nonoy would like me to appear. I know what is right and wrong. I can decide fo...

REMEDIOS NUGUID vs. FELIX NUGUID and PAZ SALONGA NUGUID G.R. No. L-23445 June 23, 1966 SANCHEZ, J.: Facts: Rosario Nuguid died on December 30, 1962, single, without descendants, legitimate or illegitimate. Surviving her were her legitimate parents, Felix Nuguid and Paz Salonga Nuguid, and six (6) brothers and sisters, namely: Alfredo, Federico, Remedios, Conrado, Lourdes and Alberto, all surnamed Nuguid. On May 18, 1963, petitioner Remedios Nuguid filed in the Court of First Instance of Rizal a holographic will allegedly executed by Rosario Nuguid on November 17, 1951, some 11 years before her demise. On June 25, 1963, Felix Nuguid and Paz Salonga Nuguid, concededly the legitimate father and mother of the deceased Rosario Nuguid, entered their opposition to the probate of her will. Ground therefor, inter alia, is that by the institution of petitioner Remedios Nuguid as universal heir of the deceased, oppositors — who are compulsory heirs of the deceased in the direct asce...

ELEUTERIO NERI, ET AL, vs. IGNACIA AKUTIN AND HER CHILDREN G.R. No. L-47799 June 13, 1941 MORAN, J.: Facts: Agripino Neri y Chavez, who died on December 12, 1931, had by his first marriage six children named Eleuterio, Agripino, Agapito, Getulia, Rosario and Celerina; and by his second marriage with Ignacia Akutin, five children named Gracia, Godofredo, Violeta, Estela Maria, and Emma. Getulia, daughter in the first marriage, died on October 2, 1923, that is, a little less than eight years before the death of said Agripino Neri y Chavez, and was survived by seven children named Remedios, Encarnacion, Carmen, Trinidad, Luz, Alberto and Minda. In Agripino Neri's testament, which was admitted to probate on March 21, 1932, he willed that his children by the first marriage shall have no longer any participation in his estate, as they had already received their corresponding shares during his lifetime. At the hearing for the declaration of heirs, the trial court found, contra...

CONSTANTINO C. ACAIN vs. HON. INTERMEDIATE APPELLATE COURT, VIRGINIA A. FERNANDEZ and ROSA DIONGSON G.R. No. 72706 October 27, 1987 PARAS, J.: Facts: Constantino Acain filed on the RTC, a petition for the probate of the will of the late Nemesio Acain and for the issuance to the same petitioner of letters testamentary, on the premise that Nemesio Acain died leaving a will in which petitioner and his brothers Antonio, Flores and Jose and his sisters Anita, Concepcion, Quirina and Laura were instituted as heirs. The will contained provisions on burial rites, payment of debts, and the appointment of a certain Atty. Ignacio G. Villagonzalo as the executor of the testament. On the disposition of the testator's property, the will provided: THIRD: All my shares that I may receive from our properties. house, lands and money which I earned jointly with my wife Rosa Diongson shall all be given by me to my brother SEGUNDO ACAIN Filipino, widower, of legal age and presently residi...

J.L.T. AGRO, INC., REPRESENTED BY ITS MANAGER, JULIAN L. TEVES VS. ANTONIO BALANSAG AND HILARIA CADAYDAY G.R. No. 141882, March 11, 2005 TINGA, J.: Facts: Don Julian L. Teves contracted two marriages, first with Antonia Baena, and after her death, with Milagros Donio Teves. Don Julian had two children with Antonia, namely: Josefa Teves Escaño and Emilio Teves. He had also four (4) children with Milagros Donio, namely: Maria Evelyn Donio Teves, Jose Catalino Donio Teves, Milagros Reyes Teves and Pedro Reyes Teves. The present controversy involves a parcel of land. When Antonia died, the land was among the properties involved in an action for partition and damages, the second wife of Don Julian, participated as an intervenor. Thereafter, the parties to the case entered into a Compromise Agreement which embodied the partition of all the properties of Don Julian. Paragraph 13 of the Compromise Agreement, at the heart of the present dispute, lays down the effect of the eventual ...

DY YIENG SEANGIO, BARBARA D. SEANGIO and VIRGINIA D. SEANGIO vs. HON. AMOR A. REYES, ALFREDO D. SEANGIO, ALBERTO D. SEANGIO, ELISA D. SEANGIO-SANTOS, VICTOR D. SEANGIO, ALFONSO D. SEANGIO, SHIRLEY D. SEANGIO-LIM, BETTY D. SEANGIO-OBAS and JAMES D. SEANGIO G.R. Nos. 140371-72  November 27, 2006 AZCUNA, J.: Facts:             On September 21, 1988, private respondents filed a petition for the settlement of the intestate estate of the late Segundo Seangio. Petitioners Dy Yieng, Barbara and Virginia, all surnamed Seangio, opposed the petition. They contended that: 1) Dy Yieng is still very healthy and in full command of her faculties; 2) the deceased Segundo executed a general power of attorney in favor of Virginia giving her the power to manage and exercise control and supervision over his business in the Philippines; 3) Virginia is the most competent and qualified to serve as the administrator of the estate of Segund...

MARINA DIZON-RIVERA vs. ESTELA DIZON, TOMAS V. DIZON, BERNARDITA DIZON, JOSEFINA DIZON, ANGELINA DIZON and LILIA DIZON June 30, 1970 G.R. No. L-24561 Teehankee, J.: Facts: On January 28, 1961, the testatrix, Agripina J. Valdez, a widow, died in Angeles, Pampanga, and was survived by seven compulsory heirs, to wit, six legitimate children named Estela Dizon, Tomas V. Dizon, Bernardita Dizon, Marina Dizon (herein executrix-appellee), Angelina Dizon and Josefina Dizon, and a legitimate granddaughter named Lilia Dizon, who is the only legitimate child and heir of Ramon Dizon, a pre-deceased legitimate son of the said decedent. Six of these seven compulsory heirs (except Marina Dizon, the executrix-appellee) are the oppositors-appellants. The deceased testatrix left a last will executed on February 2, 1960 and written in the Pampango dialect. Named beneficiaries in her will were the above-named compulsory heirs, together with seven other legitimate grandchildren, namely Pablo ...