This case has been cited 2 times or more.
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2015-10-05 |
BRION, J. |
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| At the outset, this Court observes that the parties and even the lower courts erroneously applied the provisions of the present Civil Code to the will and the estate of Bishop Sofronio. The law in force at the time of the decedent's death determines the applicable law over the settlement of his estate.[8] Bishop Sofronio died in 1937 before the enactment of the Civil Code in 1949. Therefore, the correct applicable laws to the settlement of his estate are the 1889 Spanish Civil Code and the 1901 Code of Civil Procedure. | |||||
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2006-07-14 |
YNARES-SANTIAGO, J. |
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| Be that as it may, even if we were to consider RBSI's new theory and, thus, assume that the aforementioned oral settlement did take place, the relinquishment of respondent Felix Macajilos' one-half share in the subject property in favor of Fidela would amount to an oral donation of real property which, under Article 749[27] of the Civil Code, is null and void.[28] This void donation to Fidela did not ripen into ownership through acquisitive prescription because, as will be discussed in detail shortly, RBSI was a mortgagee-buyer in bad faith. Only six years had elapsed from the auction sale to the filing of the instant case, which is less than the required 30-year-period for extraordinary acquisitive prescription[29] to set in. | |||||