- Petitioner
- Gliceria Marella
- Respondent
- Vicente Reyes
- Citation
- G.R. No. 4389
- Court
- Supreme Court En Banc
- Division
- En Banc
- Ponente
- Tracey, J.
- Decided
- November 10, 1908
Summary
This 1908 Supreme Court case involved a dispute over four parcels of land included in the estate inventory of deceased Filomeno Encarnacion. Plaintiff Gliceria Marella claimed ownership based on an oral agreement where the deceased and his wife transferred the land to her as payment for debts, delivering title papers as guaranty. The Court of First Instance rejected her claim, ruling her testimony inadmissible under the dead man's statute. The Supreme Court reversed, holding that the opposing party's failure to object waived the incompetency defense, the oral contract was valid under Civil Code provisions, and delivery of title deeds equaled property delivery. The case established important precedents on witness competency waivers and oral property transfers in early Philippine jurisprudence.