Petitioner
Antonino Garcia
Respondent
Justo Tolentino
Citation
G.R. No. 8560
Court
Supreme Court
Division
First Division
Ponente
Arellano, C.J.
Decided
August 20, 1913

Summary

This 1913 Supreme Court case involved a dispute over the intestate estate of Eulalia Flores, who died in 1899. Twelve years after her death, the plaintiff sought judicial declaration that certain lands possessed by her grandchildren belonged to her estate. The Court found that a family partition had already been made after Eulalia's death, with her son Bonifacio taking the best lands as administrator and eldest child, while dividing the remainder among other heirs with their consent. The plaintiff's action was actually seeking rescission of this partition due to alleged lesion. The Supreme Court applied Civil Code provisions requiring rescission actions to be brought within four years and dismissed the case as time-barred, affirming that this was a rescissory action rather than a partition proceeding.

Statutes applied

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By the Intellegal Editorial Board · August 20, 1913

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