Scribd Logo
Upload

Welcome to Scribd!

  • 258 views

    Case Digest

    Uploaded by

    Alelie Joy Malazarte
    This case involved a dispute over ownership of allotments and allowances from a hacienda named Rosario between the lessee's widow, Concepcion Ereneta, and claimants Bezore, et al. Bezore, et al. originally owned half the hacienda but sold their share to Amparo and Alberta through an Agreement to Sell and Deed of Sale. Amparo and Alberta argued the documents waived any past or future claims by Bezore, et al. related to the hacienda. The court ruled the waiver was invalid as it was made in advance of the sale, but the Deed of Sale transferred all accrued and future benefits to Amparo and Alberta since

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Case Digest

    Uploaded by

    Alelie Joy Malazarte
    258 views1 page
    This case involved a dispute over ownership of allotments and allowances from a hacienda named Rosario between the lessee's widow, Concepcion Ereneta, and claimants Bezore, et al. Bezore, et al. originally owned half the hacienda but sold their share to Amparo and Alberta through an Agreement to Sell and Deed of Sale. Amparo and Alberta argued the documents waived any past or future claims by Bezore, et al. related to the hacienda. The court ruled the waiver was invalid as it was made in advance of the sale, but the Deed of Sale transferred all accrued and future benefits to Amparo and Alberta since

    Original Description:

    Ereneta v Bezore

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This case involved a dispute over ownership of allotments and allowances from a hacienda named Rosario between the lessee's widow, Concepcion Ereneta, and claimants Bezore, et al. Bezore, et al. originally owned half the hacienda but sold their share to Amparo and Alberta through an Agreement to Sell and Deed of Sale. Amparo and Alberta argued the documents waived any past or future claims by Bezore, et al. related to the hacienda. The court ruled the waiver was invalid as it was made in advance of the sale, but the Deed of Sale transferred all accrued and future benefits to Amparo and Alberta since

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    258 views1 page

    Case Digest

    Uploaded by

    Alelie Joy Malazarte
    This case involved a dispute over ownership of allotments and allowances from a hacienda named Rosario between the lessee's widow, Concepcion Ereneta, and claimants Bezore, et al. Bezore, et al. originally owned half the hacienda but sold their share to Amparo and Alberta through an Agreement to Sell and Deed of Sale. Amparo and Alberta argued the documents waived any past or future claims by Bezore, et al. related to the hacienda. The court ruled the waiver was invalid as it was made in advance of the sale, but the Deed of Sale transferred all accrued and future benefits to Amparo and Alberta since

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    ERENETA vs.

    BEZORE
    G.R. No. L-29746

    FACTS:
    Emilio Camon was the lessee of hacienda Rosario. One half of the said hacienda
    belonged to Bezore, et. al., while the other half belonged to Amparo and Alberta. Upon
    the death of Camon, Concepcion Ereneta, his widow, filed a petition to grant her letters
    of administration of the estate of the deceased Camon. The claimants Bezore, et. al.
    filed a claim against the estate of Camon.
    At the trial, three documents were submitted in evidence by the appellee. These are:
    1. An Agreement to Sell, executed on January 11, 1961, whereby the claimants
    agreed to sell their one half share in the hacienda to Amparo and Alberta.
    2. A Release and Waiver of Claims, executed on January 12, 1961, whereby
    Amparo and Alberta, released Camon from any and all claims that may have
    accrued pertaining to the share in hacienda Rosario owned by the claimants. At
    the same time, Amparo and Alberta waived in favor of Camon said rights accrued
    or accruing.
    3. A Deed of Sale, executed on August 4, 1961, whereby the claimants sold all their
    rights, accrued or accruing, in their share in the hacienda in favor of Amparo and
    Alberta.
    ISSUE:
    Whether or not the phrase “accrued or accruing” in the Deed of Sale with regard to the
    claimants’ benefits, should be construed to exclude the sugar allotments and
    allowances adherent to the hacienda.
    RULING:
    The Court ordered that the words “accrued or accruing” in the Deed of Sale are in fact
    positive and categorical enough to include accrued allotments and allowances. At the
    time when the waiver was made, Amparo and Alberta cannot waive accrued claims
    belonging to the claimants because at the time of the execution of the waiver, the right
    that Amparo and Alberta then had was a mere promise by the claimants to sell their
    share in the hacienda. What was agreed to be sold in the future was different from what
    was supposedly waived. The waiver was made in advance which is contrary to public
    policy, in pursuant to Article 6 of the Civil Code of the Philippines. Nonetheless,
    whatever defect there was in the waiver was subsequently cured by the Deed of Sale
    that was executed on August 4, 1961 by virtue of which the claimants sold not only their
    share in the hacienda but also their accrued claims therein. Therefore, all benefits
    accrued and accruing to the claimants before August 4, 1961 were included in the sale.

    You might also like