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    22 Gacos Vs Ca

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    cassandra lee
    Eladio Gacos owned land that was verbally given to his three daughters - Petrona, Fortunata, and Lucia - upon his death. Petrona sold part of her share to Marcial for 2,720 square meters. Before dying, Petrona instructed Lucia to sell a small part of her land, 84 square meters, to Teodolfo to pay for funeral expenses. Marcial then sold his land to Encarnacion, though the document listed Rosario as the buyer, indicating the land was 2,025 square meters. Rosario later consolidated four parcels of land and sold the consolidated land to Arnulfo Prieto. This led to two legal cases.

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    22 Gacos Vs Ca

    Uploaded by

    cassandra lee
    159 views2 pages
    Eladio Gacos owned land that was verbally given to his three daughters - Petrona, Fortunata, and Lucia - upon his death. Petrona sold part of her share to Marcial for 2,720 square meters. Before dying, Petrona instructed Lucia to sell a small part of her land, 84 square meters, to Teodolfo to pay for funeral expenses. Marcial then sold his land to Encarnacion, though the document listed Rosario as the buyer, indicating the land was 2,025 square meters. Rosario later consolidated four parcels of land and sold the consolidated land to Arnulfo Prieto. This led to two legal cases.

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    22-gacos-vs-ca.docx

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    Eladio Gacos owned land that was verbally given to his three daughters - Petrona, Fortunata, and Lucia - upon his death. Petrona sold part of her share to Marcial for 2,720 square meters. Before dying, Petrona instructed Lucia to sell a small part of her land, 84 square meters, to Teodolfo to pay for funeral expenses. Marcial then sold his land to Encarnacion, though the document listed Rosario as the buyer, indicating the land was 2,025 square meters. Rosario later consolidated four parcels of land and sold the consolidated land to Arnulfo Prieto. This led to two legal cases.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    159 views2 pages

    22 Gacos Vs Ca

    Uploaded by

    cassandra lee
    Eladio Gacos owned land that was verbally given to his three daughters - Petrona, Fortunata, and Lucia - upon his death. Petrona sold part of her share to Marcial for 2,720 square meters. Before dying, Petrona instructed Lucia to sell a small part of her land, 84 square meters, to Teodolfo to pay for funeral expenses. Marcial then sold his land to Encarnacion, though the document listed Rosario as the buyer, indicating the land was 2,025 square meters. Rosario later consolidated four parcels of land and sold the consolidated land to Arnulfo Prieto. This led to two legal cases.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Eladio Gacos owned a 6,584 square meter unregistered land.

    Before he died, he verbally adjudicated to


    his three (3) daughters, namely, Petrona, Fortunata and Lucia.

    Petrona sold a part of her share to Marcial. The transaction was consummated in a document written in
    Spanish captioned "Escritura de Venta Absoluta" describing therein the land inherited by Petrona as
    containing an area of 2,720 square meters. The tax declaration registered under the name of marcial
    indicated an area of 866 sqm

    Before petrona died she instructd ger sister lucia to sell a small area of her property for funeral and
    novena expense. The said portion was sold to teodolfo with an area of 84 sqm.

    Marcial sold his property to encarnacion but in the document Rosario the sister of the latter was the
    buyer. The document indicated an area of 2025 sqm.

    Rosario executed a document captioned ratification of ownership of realty consolidation 4 parcels of


    land. After it was consolidated, she sold the land to arnulfo prieto.

    Case 1

    The children of petrona filed a case for the recovery of the 1352 sqm of land which they contend to be
    the remaining land after the two sale of a portion of land.

    In rosario’s defense, she contends that the sale of petrona and marcial was for the 2025sqm and not just
    866sqm

    Case 2

    Sps prieto filed a complaint with the CFI to recover from teodolfo the 84 sqm portion. They claim that it
    was fraudulently and withour authority sold by lucia.

    Teodolfo claims that the property was acquired in good faith.

    CFI

    Case 1

    Infavor of the children

    Case 2

    In favor of gabitos who bought the land from teodolfo.

    CA

    Affirmed the rulings

    Issue
    WON the sale was for the whole portion of the land

    Ruling

    No

    Art. 1378. When it is absolutely impossible to settle doubts by the rules established in the preceding
    articles, and the doubts refer to incidental circumstances of a gratuitous contract, the least transmission
    of rights and interests shall prevail. If the contract is onerous, the doubt shall be settled in favor of the
    greatest reciprocity of interest.

    The Court finds the abovequoted articles applicable in the instant case. It must be observed that the
    "Escritura de Venta Absoluta" was consummated in favor of a close relative, a nephew-in-law (Marcial
    Olaybal) of Petrona Gacos, he being married to the daughter of her sister Fortunata Gacos-Cambal.
    Thus, in accordance with Article 1378 of the Civil Code, said contract should be interpreted as "to effect
    the least possible transmission of rights or interests." Besides, Petrona Gacos could not have sold her
    entire hereditary share as she and her four (4) minor children were then staying in the disputed land
    with her sister Lucia.

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