Crisologo vs Singson.docx - .R No L-13876 CONSOLACION FLORENTINO DE CRISOLOGO ET AL plaintiffs-appellees vs DR MANUEL SINGSON defendant-appellant Felix

Crisologo vs Singson.docx - .R No L-13876 CONSOLACION...

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.R. No. L-13876 February 28, 1962 CONSOLACION FLORENTINO DE CRISOLOGO, ET AL., plaintiffs-appellees, vs. DR. MANUEL SINGSON, defendant-appellant. Felix V. Vergara for defendant-appellant. B. Martinez for plaintiffs-appellees. DIZON, J.: Action for partition commenced by the spouses Consolacion Florentino and Francisco Crisologo against Manuel Singson in connection with a residential lot located a Plaridel St., Vigan, Ilocos Sur, with an area of approximately 193 square meters, and the improvements existing thereon, covered by Tax No. 10765-C. Their complaint alleged that Singson owned one-half pro-indiviso of said property and that Consolacion Florentino owned the other half by virtue of the provisions of the duly probated last will of Dña. Leona Singson , the original owner, and the project of partition submitted to, and approved by the Court of First Instance of Ilocos Sur in special Proceeding No. 453; that plaintiffs had made demands for the partition of said property, but defendant refused to accede thereto, thus compelling them to bring action. Defendant's defense was that Consolacion Florentino was a mere usufructuary of, and not owner of one-half pro-indiviso of the property in question, and that, therefore, she was not entitled to demand partition thereof . After trial upon the issue thus posed, the lower court rendered judgment as follows: 1. Declaring that the plaintiff is a co-owner pro-indiviso with the defendant of the house and lot described in the complaint to the extent of each of an undivided 1/2 portion thereof; . 2. Ordering the aforesaid co-owners to execute an agreement of partition of the said property within 30 days from receipt of this judgment unless it be shown that the division thereof may render it unserviceable, in which case the provisions of Art. 498 of the New Civil Code may be applied; . 1äwphï1.ñët 3. That in the event the said parties shall fail to do so, this Court will appoint the corresponding commissioners to make the partition in accordance with law; and . 4. Without special pronouncement as to costs." . From the above judgment, defendant Singson appealed. It is admitted that Dña. Leona Singson, who died single on January 13, 1948, was the owner of the property in question at the time of her death. On July 31, 1951 she executed her last will which was admitted to probate in Special Proceeding No. 453 of the lower court whose decision was affirmed by the Court of Appeals in G.R. No. 3605- R. At the time of the execution of the will, her nearest living relatives were her brothers Evaristo, Manuel and DionisioSingson, her nieces Rosario, Emilia and Trinidad, and her grandniece Consolation, all surnamed Florentino.
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