Mina Vs Pacson
Mina Vs Pacson
Mina Vs Pacson
L-17828
August 31, 1963
LIGAYA MINA, JAIME MINA,
SILVINA MINA, FAUSTA MINA,
PABLO MINA and MIGUEL MINA,
the minors represented by
PILAR LAZO as guardian-adlitem, plaintiffs-appellants,
vs.
ANTONIA PACSON, CRISPINO
MEDINA and CRESENCIA MINA,
defendants-appellees.
F. A. Pelmoka for plaintiffsappellants.
Castelo Law Office for defendantsappellees.
LABRADOR, J.:
This is an appeal from an order of
the Court of First Instance of Nueva
Ecija, Hon. Felix Makasiar,
presiding, in its Civil Case No.
3296, entitled "Ligaya Mina, et al.,
plaintiffs vs. Crispino Medina, et al.,
defendants," dismissing the
complaint filed in this case. The
appellant also appeals against the
order denying the motion for
reconsideration of the order of
dismissal.
The facts necessary to understand
the nature of the issues presented
in this appeal, as gleaned from the
pleadings, may be briefly stated as
follows: Plaintiffs Ligaya, Jaime,
Silvina, Fausta, Pablo and Miguel,
all surnamed Mina, are alleged to
be the illegitimate children of the
deceased Joaquin Mina with
plaintiff Pilar Lazo from 1933-1958,
while married to Antonia Pacson.
Joaquin Mina died in August, 1958,
leaving no descendants
norascendants except his widow,
the defendant herein Antonia
Pacson. On April 9, 1958, Joaquin
Mina, then still living, executed a
deed of absolute sale (Annex "B" to
Complaint) of three parcels of land
situated in the municipality of
Muoz, Nueva Ecija, in favor of the
defendants Crispino Medina and
Cresencia Mina for the sum of
P12,000. On April 15, 1958 again
he executed another deed of sale
(Annex "C" to Complaint) of 13
parcels of land covered by 12
transfer certificates of title to the
same spouses Crispino Medina and
Cresencia Mina. Both deeds of sale
bear the conformity of his wife
Antonia Pacson.
In the complaint filed in the Court
of First Instance of Nueva Ecija in
the case which originated this
appeal, it is alleged that plaintiffs
are illegitimate children of the
deceased Joaquin Mina begotten by
him with Pilar Lazo during the
period from 1933 to 1958 while
Joaquin Mina was lawfully married
to Antonia Pacson; that the plaintiff
Pablo Mina is a recognized
illegitimate child of the deceased
Joaquin Mina; that Joaquin Mina
died intestate leaving no
ascendants or descendants, except
his widow Antonia Pacson; that he
left various parcels of land
enumerated in the complaint but
that on April 9, 1950 the
defendants connived and secured
from Joaquin Mina, who was ill and
did not know what he was doing,
the execution of the two deeds of
sale without consideration,
fictitiously and fraudulently,