Civil Law Review II (Case Digests).pdf

Tible petitioner was appointed administratrix of the

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Tible. Petitioner was appointed administratrix of the Intestate Estate of the late Congressman Emilio M. Tible who died on August 14, 1957, by the Court of First Instance of Naga City. Notice to creditors as required by the Rules of Court having been published on March 8, 15, 22, 1958, private respondent-claimant Jose C. Aquino filed with the probate court a claim against the estate for P30,000.00 on February 6, 1959, or almost eleven months after the date of the first publication of the notice to creditors. A motion to dismiss was filed by the petitioner-administratrix on the ground that the claim was filed beyond the reglementary period, but the trial court gave due course to the claim. An answer with counterclaim for P54,500.00 was filed by petitioner-administratrix on May 8, 1959, followed by an amended answer with counterclaim filed on October 12, 1959. After trial the lower court rendered judgment in favor of the petitioner-administratrix as above mentioned. The lower court dismissed Aquino's claim of P30,000.00. From the appealed order of the trial court it can be gleaned that although both petitioner and the private respondent agree that there was a sale of the portion of Aquino's forest concession in Esperanza, Agusan, to Emilio Tible in 1955, two conflicting versions of the agreement are put forward by each party as regards the consideration and the conditions agreed upon.
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UNIVERSITY OF CEBU COLLEGE OF LAW Page 17 LLB 4 (S.Y. 2015-2016) Abing, Patrick Magdoza, Bregette Tirado, Adrianne Caputol, Danica Patricia Maglasang, Laarni Tomonglay, Noel Cortes, Angeli Victoria Niere, Sherlyn Ursal, April Lynn Garcia, Felicito Jr. Rebato, Mar Francis Ysulan, Aura Bern Gulbin, Lou Ann Semblante, Sarah Jane Franje, Hanelli Jane JD-4 Jacinto, Jamero Jr. Tan, Steffanieh Gail Tabuñag, Vincent Roel JD-4 Private respondent Aquino's evidence seeks to prove that Congressman Tible borrowed from him P50,000.00; thereafter bought from him a portion of his forest concession for an agreed amount of P107,000.00; that Atty. Tible owed him a balance of P30,000.00 as shown by promissory notes; that said forest concession was transferred to Atty. Tible by authority of the Director of Forestry after the oral agreement of sale; and the balance of P30,000.00 was never paid until the death of Atty. Tible. The two conflicting versions can be simplified thus private respondent Aquino claims that Tible borrowed from him P50,000.00 and then bought from him 2,000 hectares of his timberland in Agusan for P107,000.00; that Tible still owed him a balance of P30,000.00 representing the unpaid balance of the consideration of the sale of the timberland at the time of Tible's death. On the other hand, petitioner claims that the consideration for the sale of the timberland of Aquino to Tible was only P50,000.00 which was already paid; that on April 9, 1955, Aquino and Tible agreed on an increase of the sale price of the timberland from P50,000.00 to P80,000.00, so Tible executed promissory notes in favor of Aquino for the balance of P30,000.00 subject to the condition that payment of those promissory notes would depend upon the operation by Tible of the timberland; that after
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