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Philippine Supreme Court Jurisprudence > Year 1956 > March 1956 Decisions > [G.R. No. L-9315. March 24,
1956.] EUGENIA MORALES, ET AL., Plaintiffs-Appellants, vs. PROCESO YAÑEZ, Defendant-Appellee.:
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FIRST DIVISION
ChanRobles On-Line Bar Review [G.R. No. L-9315. March 24, 1956.]
EUGENIA MORALES, ET AL., Plaintiffs-Appellants, vs. PROCESO YAÑEZ, Defendant-
Appellee.
DECISION
BENGZON, J.:
Appeal from an order of the Hon. Jose P. Veluz, Judge of the Court of First Instance of Misamis
Oriental dismissing Plaintiffs’ complaint dated July 17, 1950 for the recovery of three parcels of
land in the City of Cagayan de Oro.
There is no question that said lands belonged to Eugeniano Saarenas who died intestate in 1937,
leaving no ascendants nor descendants; that as his surviving nephews (by a sister) Defendant
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Proceso Yañez (and his sisters) took possession of said lots; and that Plaintiffs are illegitimate
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“But Defendants contend that, while it is true that the four minor Defendants are illegitimate
children of the late Faustino Nebrada and under the old Civil Code are not entitled to any
successional rights, however, under the new Civil Code which became in force in June 1950,
they are given the status and rights which the law accords to the latter (Article 2264 and Article
278, new Civil Code), and because these successional rights were declared for the first time in
the new code, they shall be given retroactive effect even though the event which gave rise to
them may have occurred under the prior legislation (Art. 2253, new Civil Code).
“There is no merit in this claim. Article 2253 provides that if a right should be declared for the
cralaw
first time in this Code, it shall be effective at once, even though the act or event which gives rise
ChanRobles Intellectual Property thereto may have been done or may have occurred under the prior legislation, provided said new
Division right does not prejudice or impair any vested or acquired right, of the same origin. As already
stated in the early part of this decision, the right of ownership of Maria Uson over the lands in
question became vested in 1945 upon the death of her late husband and this is so because of the
imperative provision of the law which commands that the rights to succession are transmitted
from the moment of death (Article 657, old Civil Code). The new right recognized by the new
Civil Code in favor of the illegitimate children of the deceased cannot, therefore, be asserted to
“ART. 2263. Rights to the inheritance of a person who died, with or without a will, before the
effectivity of this Code, shall be governed by the Civil Code of 1889, by other previous laws,
and by the Rules of Court. The inheritance of those who, with or without a will, die after the
Facebook® beginning of the effectivity of this Code, shall be adjudicated and distributed in accordance with
this new body of laws and by the Rules of Court; but the testamentary provisions shall be chan roblesvirtualawlibrary
Account Sign Up carried out insofar as they may be permitted by this Code. Therefore, legitimes, betterments,
legacies and bequests shall be respected; however, their amount shall be reduced if in no other chan roblesvirtualawlibrary
manner can every compulsory heir be given his full share according to this Code.”
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According to the above italicized portion the rights of the herein litigants to the property of
Community. Join for Free & Eugeniano must be determined in accordance with the Civil Code, because he died in 1937, i. e,
Enjoy the BeneFts! before the enactment of the New Civil Code in 1949.
The appealed order is therefore affirmed with cost against Appellants.
Paras, C.J., Padilla, Reyes, A., Bautista Angelo, Labrador, Concepcion, Reyes, J. B. L. and
Endencia, JJ., concur.
Endnotes: chanroblesvirtuallawlibrary
1. Art. 657 Civil Code, Mijares vs. Neri, 3 Phil. 195; Velasco vs. Vizmanos, 45 Phil., 675; chan roblesvirtualawlibrary chan
Ilustre vs. Frondosa, 17 Phil., 321; Bondad vs. Bondad, 34 Phil., 232; Inocencio vs.
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Gatpandan, 14 Phil., 491; Fule vs. Fule, 46 Phil., 317. chan roblesvirtualawlibrary
2. See Coronel vs. Ona, 33 Phil., 456; chan roblesvirtualawlibrary Nable Jose vs. Nable Jose, 41 Phil., 713; Velasco vs.
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Vizmanos, supra.
March-1956 Jurisprudence
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[G.R. No. L-6401. March 14, 1956.] CLARO B. 1901 1902 1903 1904 1905 1906 1907 1908
LIZARDO, Petitioner-Appellant, vs. AQUILINO 1909 1910 1911 1912 1913 1914 1915 1916
HERRERA, LUCIA L. HERRERA, and ADELAIDA ORETA
DE UNSON, Respondents-Appellees. 1917 1918 1919 1920 1921 1922 1923 1924
1925 1926 1927 1928 1929 1930 1931 1932
[G.R. No. L-7615. March 14, 1956.] THE PEOPLE OF
1933 1934 1935 1936 1937 1938 1939 1940
THE PHILIPPINES, Plaintiff-Appellee, vs. TIA FONG
alias AH SAM, Defendant-Appellant. Honorato 1941 1942 1943 1944 1945 1946 1947 1948
Hermosisimo for Appellant.
1949 1950 1951 1952 1953 1954 1955 1956
[G.R. No. L-8588. March 14, 1956.] LEODEGARIO 1957 1958 1959 1960 1961 1962 1963 1964
ORTEGA, ET AL., Plaintiffs-Appellants, vs. DOMINADOR 1965 1966 1967 1968 1969 1970 1971 1972
PACHO, Defendant-Appellee.
1973 1974 1975 1976 1977 1978 1979 1980
[G.R. No. L-6786. March 21, 1956.] SUSANA C. 1981 1982 1983 1984 1985 1986 1987 1988
CORPUZ, in her capacity as Guardian of the persons
1989 1990 1991 1992 1993 1994 1995 1996
and properties of the minors, RENATO, VICENTE and
ERLINDA, all surnamed CORPUZ, Plaintiffs-Appellants, 1997 1998 1999 2000 2001 2002 2003 2004
vs. DOMINGO GERONIMO, Defendant-Appellee.
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