Republic Of The Philippines Supreme Court Manila En Banc G.R. v. Paz

IMPERIAL, J.:

For the third time, there is presented for our consideration the mayorazgo founded by the deceased Don Antonio Tuason. The first occasion was when both plaintiffs and defendants appealed from a decision of the Court of First Instance of Manila, dismissing the complaint and the counterclaim filed, without costs. The appeals thus interposed were docketed under No. 23923, and the decision promulgated on March 23, 1926, is published in full in volume 50 Philippine Reports, page 888 et seq.

the second occasion was when some of the defendants instituted a certiorari proceeding against the Court of First Instance of Manila, some of the plaintiffs, and other intervenors, because of the appointment, at the latter's instance, of the Bank of the Philippine Islands as receiver of all the properties constituting the mayorazgo. Said proceeding was docketed under No. 32423, and the decision promulgated on February 7, 1930, is published in full in volume 54 Philippine Reports, page 408 et seq.1 And the third is brought about by four appeals taken by the defendants and some intervenors from certain portions of the decision and order rendered by the court during the new trial held pursuant to our resolution of which we shall hereafter have occasion to speak. The four appeals now before us were docketed separately, but for a better understanding of the questions which we propose to resolve, we have thought it convenient to render a single decision wherein each appeal will be discussed individually.

PRELIMINARY CONSIDERATIONS Before entering upon a consideration of the appeals, it is convenient to set out some fundamental facts which have been submitted, discussed, and resolved in the decision rendered in the original and principal case, and which are of the utmost importance to bear in mind in resolving the questions raised anew in the appeals. These facts are: The mayorazgo was founded by Don Antonio Tuason on February 25, 1794. On June 4 of the same year the founder died in the City of Manila.

The mayorazgo was approved by Royal Cedula of August 20, 1795. On October 11, 1820, the Statute of Civil Disentailments was promulgated in Spain, was extended to the Philippine Islands, and took effect therein on March 1, 1864, by virtue of a Royal Decree of October 31, 1863. The properties of the mayorazgo consist of the Haciendas de Santa Mesa y Diliman, Hacienda de Mariquina , and two urban properties situated on Rosario Street, Manila.

By agreement of the parties, the assessed value of the said properties is: Haciendas de Santa Mesa y Diliman P3,550,646.00 Hacienda de Mariquina 1,507,140.00 Properties on Rosario Street 542,382.00 Total . . .

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