Eulalio Hernaez v. Rosendo Hernaez

Summary

This 1903 succession case involved siblings Eulalio and Rosendo Hernaez disputing whether Rosendo's properties should be included in their father Pedro's intestate estate through collation. Eulalio claimed Rosendo purchased the Naga and Panaogao estates using their father's money, making them subject to collation under Article 1035 of the Civil Code. The Supreme Court dismissed the complaint, finding no proof that the properties were acquired gratuitously from the decedent. Witnesses testified that Rosendo purchased the estates with money from his own labors. The case establishes that collation requires proof of gratuitous acquisition from the decedent during his lifetime, and mere allegations without evidence are insufficient to compel inclusion of a forced heir's property in the estate inventory.