Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Standard view
Full view
of .
Look up keyword
Like this
0 of .
Results for:
No results containing your search query
P. 1
Jones v. Hortiguela (1937).docx

Jones v. Hortiguela (1937).docx

Ratings: (0)|Views: 258|Likes:

More info:

Published by: Andre Philippe Ramos on Jan 15, 2013
Copyright:Attribution Non-commercial


Read on Scribd mobile: iPhone, iPad and Android.
download as DOCX, PDF, TXT or read online from Scribd
See more
See less





Digest Author: Dodot 
Jones v. Hortiguela (1937)Petition:
Appeal from Order of Cebu CFI
In re Instate of the deceased Marciana Escaño.Petitioner-appellant-appellee:
FELIX HORTIGUELA, as administrator, widower and heir
J. Concepcion
3 March 1937
December 1914
Marciana marries Arthur Jones
10 January 1918
Jones secured passport; never heard from again
October 1919
Proceedings to have Arthur judicially declared as missing
25 Oct 1919
Court declared Arthur as an absentee with the proviso that said judicial declaration of absencewould not take effect until six months after its publication in the official newspapers [Art. 186, Old Civil Code]
23 April 1921
the court issued another order for the taking effect of the declaration of absence, publicationthereof having been made in the Official Gazette and in "El Ideal."
6 May 1927
Marciana and Felix marry
Marciana Escaño had died intestate [w/o will]:
judicial declaration of only two heirs (Order issued 9 May 1932):
Felix Hortiguela (husband)
appointed judicial administrator of estate
Charged P10,000 as administrator’s fees
, approved 10 January 1933
Project of Partition and Final Account approved, 26 June 1933
Angelita Jones (daughter, by first marriage)
3 March 1934
Angelita filed a motion alleging that she was the only heir of her mother, Marciana:
Never valid marriage between Mariana and Felix (null and void)
Since no valid marriage, Felix not entitled to share in usufruct, 1/3 of inheritance
Angelita was a minor during intestate proceedings
never assisted by counsel (Felix’s lawyers)
Prayed for:
Reopening of proceedings
Her husband be appointed special administrator w/o bond
Mariana-Felix marriage be declared null and void
Partition of properties made by Felix be declared null and void; Angelita be declared only heir
In case Mariana-Felix marriage not null and void, for Felix to not be entitled to usufruct; new partition of 
properties; grant only P4/day administrator’s fees
14 May 1935
Cebu CFI denies:
Motion to appoint new Admin.
Setting aside original declaration of heirs
Holding unwarranted declaring properties as paraphernal [control of wife]
reserving option for parties todetermine which are paraphernal and which are conjugal
Setting aside order granting Admin. Fees = P10,000
Ordering presentation of another project of partition
Both parties appealed
Pertinent laws/provisions/concepts:
Art 186 [Old Civil Code]
Declaration of Absence [Art. 384 to 386 in the new Civil Code?]
Art. 384. Two years having elapsed without any news about the absentee or since the receipt of the last news, and fiveyears in case the absentee has left a person in charge of the administration of his property, his absence may be declared.Art. 385. The following may ask for the declaration of absence:(1) The spouse present;(2) The heirs instituted in a will, who may present an authentic copy of the same;(3) The relatives who may succeed by the law of intestacy;(4) Those who may have over the property of the absentee some right subordinated to the condition of his death. (185)

You're Reading a Free Preview

/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->