Monteroso v CA.docx - Monteroso v Court of Appeals FACTS During his lifetime Don Fabian married twice and sired eight children four from each union In

Monteroso v CA.docx - Monteroso v Court of Appeals FACTS...

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Monteroso v. Court of Appeals FACTS: During his lifetime, Don Fabian married twice and sired eight children, four from each union. In 1906, Don Fabian married Soledad Doldol. Out of this marriage were born Soledad, Reygula, Benjamin, and Tirso. On April 8, 1927, Soledad Doldol Monteroso passed away. A little over a year later, Don Fabian contracted a second marriage with Sofia Pendejito. From this union were born Florenda, Reynato, Alberto, and Fabian, Jr. After the death of his first wife, but during the early part of his second marriage, Don Fabian filed before the Court of First Instance (CFI) of Agusan an intestate proceeding for the estate of his deceased first wife, Soledad D. Monteroso . The partition in SP No. 309 adjudicated to Don Fabian the whole of Parcels F-1, F-2, and F-3, and one-half of Parcel F-5, while the intestate estate of Soledad D. Monteroso comprised the whole of Parcel F-4 and one-half of Parcel F-5. The intestate estate of Soledad D. Monteroso was partitioned and distributed to her four children in equal shares. A Motion was filed for the delivery to Soledad D. Monteroso's four children, her legal heirs, their respective shares in her intestate estate, as adjudicated among them under the duly CFI-approved Project of Partition. Benjamin died on February 1, 1947 leaving behind four children with wife Nakila, namely: Ruby, Marlene, Adelita, and Henrieto. A year and a half later, or on October 26, 1948 , Don Fabian also passed away. Before and shortly after Don Fabian's demise, conveyances involving certain of parcels thus mentioned were purportedly made. The partition of the land were labeled as F-1 to F-8 and S-1 to S-4 for the first and the second marriage, respectively. Benjamin, son during the first marriage, died in 1947. His children Ruby, Marlene, Henrieto, and Adelita, filed with the RTC a Complaint for Recovery of Property with Damages against their uncle, Tirso. Respondent Argument (Heirs of Benjamin - won): The heirs of Benjamin alleged in their complaint, their uncle, Tirso, was entrusted with one-fourth portion of Parcel F-4 as part of the share from the estate of Soledad D. Monteroso allotted to their father. However, their uncle refused to surrender and deliver the same when they demanded such delivery upon their reaching the majority age. Petitioner Argument (Tirso - Lost): Tirso countered that the portion pertaining to Benjamin was never entrusted to him; it was in the possession of their sister, Soledad Monteroso-Cagampang, who was
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not entitled to any share in Parcel F-4, having previously opted to exchange her share in said property for another parcel of land, i.e., Parcel F-7, then being occupied by her.
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