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.

Statutes applied

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By the Intellegal Editorial Board · November 10, 1908

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