G.R. No.
6878, September 13, 1913
MARCELINA
EDROSO VS. PABLO AND BASILIO SABLAN
FACTS:
Marcelina Edroso was married to Victoriano Sablan
until his death. In this marriage they had a son named Pedro and who at his
father's death inherited the two said parcels. Pedro also died unmarried
and without issue, and by his decease the two parcels of land passed through
inheritance to his mother, Marcelina Edroso. Hence the hereditary
title whereupon is based the application for registration of her ownership.
Two legitimate brothers of Victoriano Sablan—Pedro Sablan and
Basilio Sablan—appeared in the case to oppose the registration claiming that
the registration of the parcels of land mu be either denied or if granted, be
reserved in their favor.
ISSUE:
Whether the parcels of
land may be registered in the name of
the reservista?
RULING:
Yes, MarcelIna is entitled to register in her own name, however, a right should
be reserved in favor of the 2 uncles of the deceased. The
conclusion is that the reservista has the rights of use and usufruct. He
has, moreover, for the reasons set forth, the legal title and dominion,
although under a condition subsequent. Clearly he has, under an express
provision of the law, the right to dispose of the property reserved, and to
dispose of is to alienate, although under a condition. In a word, the legal
title and dominion, even though under a condition, reside in him while he lives.
On the other hand, the relatives within the third degree in whose favor the right is reserved cannot dispose of the property, first because it is in no way, either actually, constructively or formally, in their possession; and, moreover, because they have no title of ownership or of fee simple which they can transmit to another.
Comments
Post a Comment