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 wereborn Soledad, Reygula, Benjamin, and Tirso. On April 8, 1927, Soledad DoldolMonteroso passed away.A little over a year later, Don Fabian contracted a secondmarriage 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 secondmarriage, Don Fabian filed before the Court of First Instance (CFI) of Agusan anintestate proceeding for the estate of his deceased first wife, Soledad D.Monteroso.The partition in SP No. 309 adjudicated to Don Fabian the whole ofParcels F-1, F-2, and F-3, and one-half of Parcel F-5, while the intestate estate ofSoledad D. Monteroso comprised the whole of Parcel F-4 and one-half of ParcelF-5. The intestate estate of Soledad D. Monteroso was partitioned and distributedto her four children in equal shares.A Motion was filed for the delivery to Soledad D. Monteroso's fourchildren, her legal heirs, their respective shares in her intestate estate, asadjudicated among them under the duly CFI-approved Project of Partition.Benjamin died on February 1, 1947 leaving behind four children with wifeNakila, namely: Ruby, Marlene, Adelita, and Henrieto. A year and a half later, oronOctober 26, 1948, Don Fabian also passed away.Before and shortly after Don Fabian's demise, conveyances involvingcertain 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 thefirst and the second marriage, respectively. Benjamin, son during the firstmarriage, died in 1947. His children Ruby, Marlene, Henrieto, and Adelita, filedwith the RTC a Complaint for Recovery of Property with Damages against theiruncle, Tirso. Respondent Argument (Heirs of Benjamin - won):The heirs of Benjamin alleged in their complaint, their uncle, Tirso, was entrustedwith one-fourth portion of Parcel F-4 as part of the share from the estate of SoledadD. Monteroso allotted to their father. However, their uncle refused to surrender anddeliver the same when they demanded such delivery upon their reaching the majorityage. Petitioner Argument (Tirso - Lost):Tirso countered that the portion pertaining to Benjamin was never entrusted tohim; it was in the possession of their sister, Soledad Monteroso-Cagampang, who was
not entitled to any share in Parcel F-4, having previously opted to exchange her sharein said property for another parcel of land, i.e., Parcel F-7, then being occupied by her.