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    Agro vs. Balansag

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    aynguinomla
    This case involves a parcel of land originally registered to Don Julian and his first wife Antonia. After Antonia's death, the land was involved in a partition case where Don Julian's second wife Milagros participated as an intervenor. The parties entered a compromise agreement partitioning all of Don Julian's properties. The court's decision based on the agreement declared one tract as jointly owned by Don Julian and his two children from his first marriage, and gave other properties to those children including the land in question. The issue is whether the court erred in determining and reserving the legitimate future shares of Don Julian's children prior to his death. The Supreme Court affirmed the lower court's decision, holding that considering matters necessary to a just

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    Agro vs. Balansag

    Uploaded by

    aynguinomla
    115 views2 pages
    This case involves a parcel of land originally registered to Don Julian and his first wife Antonia. After Antonia's death, the land was involved in a partition case where Don Julian's second wife Milagros participated as an intervenor. The parties entered a compromise agreement partitioning all of Don Julian's properties. The court's decision based on the agreement declared one tract as jointly owned by Don Julian and his two children from his first marriage, and gave other properties to those children including the land in question. The issue is whether the court erred in determining and reserving the legitimate future shares of Don Julian's children prior to his death. The Supreme Court affirmed the lower court's decision, holding that considering matters necessary to a just

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    This case involves a parcel of land originally registered to Don Julian and his first wife Antonia. After Antonia's death, the land was involved in a partition case where Don Julian's second wife Milagros participated as an intervenor. The parties entered a compromise agreement partitioning all of Don Julian's properties. The court's decision based on the agreement declared one tract as jointly owned by Don Julian and his two children from his first marriage, and gave other properties to those children including the land in question. The issue is whether the court erred in determining and reserving the legitimate future shares of Don Julian's children prior to his death. The Supreme Court affirmed the lower court's decision, holding that considering matters necessary to a just

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    115 views2 pages

    Agro vs. Balansag

    Uploaded by

    aynguinomla
    This case involves a parcel of land originally registered to Don Julian and his first wife Antonia. After Antonia's death, the land was involved in a partition case where Don Julian's second wife Milagros participated as an intervenor. The parties entered a compromise agreement partitioning all of Don Julian's properties. The court's decision based on the agreement declared one tract as jointly owned by Don Julian and his two children from his first marriage, and gave other properties to those children including the land in question. The issue is whether the court erred in determining and reserving the legitimate future shares of Don Julian's children prior to his death. The Supreme Court affirmed the lower court's decision, holding that considering matters necessary to a just

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    Case No.

    J.L.T. AGRO, INC., represented by its Manager, JULIAN L. TEVES, petitioner,


    vs.
    ANTONIO BALANSAG and HILARIA CADAYDAY, respondents.
    G.R. No. 141882             March 11, 2005

    Facts:

    Don Julian L. Teves (Don Julian) contracted two marriages, first with Antonia Baena (Antonia), and after
    her death, with Milagros Donio Teves (Milagros Donio). Don Julian had two children with Antonia,
    namely: Josefa Teves Escaño (Josefa) and Emilio Teves (Emilio). He had also four (4) children with
    Milagros Donio, namely: Maria Evelyn Donio Teves (Maria Evelyn), Jose Catalino Donio Teves (Jose
    Catalino), Milagros Reyes Teves (Milagros Reyes) and Pedro Reyes Teves (Pedro). 3

    The present controversy involves a parcel of land covering nine hundred and fifty-four (954) square
    meters, known as Lot No. 63 of the Bais Cadastre, which was originally registered in the name of the
    conjugal partnership of Don Julian and Antonia under Original Certificate of Title (OCT) No. 5203 of the
    Registry of Deeds of Bais City. When Antonia died, the land was among the properties involved in an
    action for partition and damages docketed as Civil Case No. 3443 entitled "Josefa Teves Escaño v. Julian
    Teves, Emilio B. Teves, et al."4 Milagros Donio, the second wife of Don Julian, participated as an
    intervenor. Thereafter, the parties to the case entered into a Compromise Agreement5 which embodied the
    partition of all the properties of Don Julian.

    On the basis of the compromise agreement and approving the same, the Court of First Instance (CFI) of
    Negros Oriental, 12th Judicial District, rendered a Decision6 dated 31 January 1964. The CFI decision
    declared a tract of land known as Hacienda Medalla Milagrosa as property owned in common by Don
    Julian and his two (2) children of the first marriage. The property was to remain undivided during the
    lifetime of Don Julian.7 Josefa and Emilio likewise were given other properties at Bais, including the
    electric plant, the "movie property," the commercial areas, and the house where Don Julian was living.
    The remainder of the properties was retained by Don Julian, including Lot No. 63.

    Issue:

    Whether or not the court erred in holding that future legitime can be determined, adjudicated and reserved
    prior to the death of Don Julian.

    Held:

    One final note. From the substantive and procedural standpoints, the cardinal objectives to write finis to a
    protracted litigation and avoid multiplicity of suits are worth pursuing at all times. 63 Thus, this Court has
    ruled that appellate courts have ample authority to rule on specific matters not assigned as errors or
    otherwise not raised in an appeal, if these are indispensable or necessary to the just resolution of the
    pleaded issues.64 Specifically, matters not assigned as errors on appeal but consideration of which are
    necessary in arriving at a just decision and complete resolution of the case, or to serve the interest of
    justice or to avoid dispensing piecemeal justice. 65
    In the instant case, the correct characterization of the Supplemental Deed, i.e., whether it is valid or void,
    is unmistakably determinative of the underlying controversy. In other words, the issue of validity or
    nullity of the instrument which is at the core of the controversy is interwoven with the issues adopted by
    the parties and the rulings of the trial court and the appellate court. 66 Thus, this Court is also resolute in
    striking down the alleged deed in this case, especially as it appears on its face to be a blatant nullity.

    WHEREFORE, foregoing premises considered, the Decision dated 30 September 1999 of the Court of
    Appeals is hereby AFFIRMED. Costs against petitioner J.L.T. Agro, Inc.

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