Onas vs. Javillo
59 Phil 733
G.R. No. L-39670
March 20, 1934
Full Text Link
Complete Names of Parties
In the matter of the intestate estate of the deceased Crispulo Javillo.
ROSARIO OÑAS, oppositor-appellant,
vs.
CONSOLACION JAVILLO, ET AL., petitioners-appellees.
THESIS STATEMENT
Rosario Onas FILED a petition asserting that CFI Capiz erred in holding that all the properties acquired during the second marriage of Crispulo Javillo with Rosario Oñas were acquired with the products of the properties of the first marriage.
FACTS
- Crispulo Javillo contracted two marriages.
- The first, with Ramona Levis. Five children were born:
- (Appellees) Consolacion, Mercedes, Caridad, Soledad and Jose Javillo
- After death of Ramona, Crispulo Javillo married Rosario Oñas (Petitioner). Marriage lasted for 20 years
- Four children were born out of Rosario-Crispulo
- May, 1927 – Crispulo Javillo died intestate in Sigma, Capiz
- July, 1927 – a petition was filed praying that an administrator of this estate be appointed. Santiago Andrada was named administrator.
- Santiago submitted first project, Consolacion et all, appealed to dismiss.
- September 1931 – Santiago submitted second project of partition which oppositor Rosario disagreed and appealed in this case
Who filed to RTC: Someone “a petition was filed”THE RTC RULED: (1a) all the properties acquired during the second marriage of Crispulo Javillo with Rosario Oñas were acquired with the products of the properties of the first marriage
(1b) approving the manner of distributing the estates among the heirs of the first and second marriages, as indicated in the project of partition now in question (SPANISH)
“AGREEMENT: Both parties agree that 109 {31?} lands designated as plots
First marriage (11 parcels) 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10 .ª, 11.ª of the inventory of the appraisal commissioners and claims on folios 40 to 43 of the file have been found during Crispulo Javillo’s marital life with his first wife, mother of Consolacion, Mercedes, Caridad, Soledad and Jose Javillo ;
Second Marriage… (20 parcels) and that plots 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 31 of said inventory were bought or found during Crispulo Javillo’s marital life with Rosario Oñas.
Carabaos or FruitsThat during the first marriage five carabaos were acquired and the rest of the carabaos as well as the cattle were found during the marriage of Crispulo Javillo with Rosario Oñas.”
(2) approved the second project of partition dated September 9, 1931 made by Santiago Andrada
Oppositor Rosario disagreed and appealed in this case
Reasons:
| ROSARIO | CONSOLACION ET AL |
| Trial court erred in holding decision 1a above…erred in approving 1b…2 |
Who filed to SC: Rosario Oñas
ISSUE:
Did the Trial Court ERR in holding that all the properties acquired during the second marriage of Crispulo Javillo with Rosario Oñas were acquired with the products of the properties of the first marriage?
RULING/RATIO 1: Yes. The project of partition approved by RTC was absurd and not in conformity to law.
(1) Only eleven parcels were acquired during the first marriage. Crispulo Javillo lived for about twenty years after his second marriage and during that marriage acquired twenty parcels of land. It would take a person with a very vivid imagination to believe that the product of eleven parcels of land acquired during the first marriage supplied all of the capital used in acquiring the twenty parcels of the second marriage. Such a claim is preposterous.
(2) it does not appear that there was a liquidation of the partnership property of the first marriage nor does it appear that they asked for such a liquidation.
(3) One-half of all the conjugal property of both marriages corresponds to the deceased Crispulo Javillo and must be divided share and share alike among all the children of both marriages.
a. The property corresponding to the first marriage consists of parcels 1 to 11 (11 parcels), inclusive, and 5 carabaos. One-half of the conjugal property pertaining to the first marriage should be divided share and share alike among the five children of that marriage.
b. The property of the second marriage consists of parcels 12 to 31 (20 parcels), inclusive, and the remainder of the carabaos and large cattle mentioned in the agreement copied above. One-half of the conjugal property of the second marriage must be adjudicated to the widow Rosario Oñas and furthermore she has a right of usufruct over the property of her deceased husband equal to one-ninth of the two thirds of that property which constitutes the legitime of the children of both marriages which is two-twenty-sevenths of the property corresponding to her husband. This usufruct should be taken from the property pertaining to the second marriage.
RATIO: “Consequently, whatever is acquired by the surviving spouse on the dissolution of the partnership by death xxx it forms a a part of his or her own capital, in which the other consort, or his or her heirs, can claim no share. BUT The fruits, as an accessory, follow the property; the buildings, the soil; the plantings, the land — all according to the general rules of accession.” (Nable Jose vs. Nable Jose, 41 Phil., 713, 717-719.)
Ponente: Goddard JSUPREME COURT RULING: PETITION GRANTED. LOWER COURT DECISION REVERSED and remanded for further proceedings in conformity with this decision
English