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Nazareno v Birog

No 663-R
July 14 1947
Labrador, J

SUBJECT MATTER:
Property Relations between spouses

DOCTRINE(S) AND APPLICABLE CONCEPT(S):


Art 1335 Old Civil Code – Sorry I couldn’t find a copy :/

ACTION BEFORE THE SUPREME COURT:


Action for recovery of title of land
Petitioner(s): Bonifacio Nazareno
Parties
Respondent(s): Francisco Birog and Apoloniano Ariola

ANTECEDENT FACTS/SUMMARY:
● Original land owner -> Cirilo Braganza
○ But on March 24 1947 he executed a deed of donation to Bonifacio Nazareno who was a minor (6 yrs
old)
○ Bonifacio Nazareno is the child of Mariano Nazareno and Alberta Aben
■ Alberta Aben is the daugheter of Juan Aben wand Andrea Rodriguez
■ When deed ewas executed, Juan Aben was dead and Andrea was married to Cirilo Braganza
(new husband)
● Cirilo and Andrea had no kids so the donation of Cirilo to Bonifacio Nazareno was an expression of their love for
the child who lived with them
○ *Basically grandfather to grandchild donation
○ Cirilo however continued possesion/enjoyment of the land
● Sometime in 1930, Cirilo sold portions of the land
○ Sold to Francisco Birog 71 acres and 30 centares for 1,100 initially and sold another portion of the land
in 1933 to Birog again (sorry malabo yung copy ng case, I can’t read na ano yung exact land area)
■ Did not pay the 2nd sale in full, gave a promissory note but soon paid the missing value
○ Sold to Apoloniano Ariola as well but did not pay the pice in full, gave a promissory note
● Apoloniano Ariola and Francisco Birog took possesion of the land after purchase and cultivated them to the
exclusion of the vendor
○ Birog’s land was in possesion of his child Adolfo Birog (donated by Francisco and his wife)
● Bonifacio Nazareno (the grandchild) filed an action to recover the land sold to Birog and Ariola
○ Court had to dismiss it, he had no cause of action upon which he bases his claim
○ Donation was made from a donor to a grandchild of his wife by the latter’s previous marriage
■ Bonifacio is the grandchild of Andrea Rodriguez by her marriage to Juan Aben
■ Cirilo was already married to Andrea when he made the donation

C2023(Reyes, J) - Persons, Aguiling-Pangalangan


■ Such donation is said to fall under Art 1335 of the Civil Code - > although he is a grandchild
and not a child, prohibition still applies
■ Bonifacio hasn’t obtained the land by prescrption too, no evidence that he possesed it
■ Bonifacio was also a witness in the deed of sale and it basically means that he never claimed the
land given to him by his grandfather

ISSUE(S) AND HOLDING(S):


WON Bonifacio Nazareno can recover the land donated to him by his grandfather? - NO

RATIO:
Bonifacio has no cause of action upon which he bases his claim
- Said donation of grandparent to grandchld falls under Art 1335 (Old Civil Code). Although he is a grandchild and
not a child the Court said that such prohibition still applies
o Such donation happened when Cirilo married Andrea, thus the prohibition must apply
- Bonifacio also signed the deed of sale as a witness, in essence saying that he never claimed the land given to him
by his grandfather,

DISPOSITIVE:
Judgment affirmed

C2023(Reyes, J) - Persons, Aguiling-Pangalangan

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