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Jones v. Hortiguela (1937).docx

Jones v. Hortiguela (1937).docx

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Published by: Andre Philippe Ramos on Jan 15, 2013
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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:
ANGELITA JONES
 Oppositor-appellant-appellee:
FELIX HORTIGUELA, as administrator, widower and heir
Ponente:
J. Concepcion
Date:
3 March 1937
Facts:
 
December 1914
 –
 
Marciana marries Arthur Jones
o
 
10 January 1918
 –
Jones secured passport; never heard from again
 
October 1919
 –
 
Proceedings to have Arthur judicially declared as missing
o
 
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]
o
 
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):
o
 
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
o
 
Angelita Jones (daughter, by first marriage)
 
3 March 1934
 –
Angelita filed a motion alleging that she was the only heir of her mother, Marciana:
o
 
Never valid marriage between Mariana and Felix (null and void)
o
 
Since no valid marriage, Felix not entitled to share in usufruct, 1/3 of inheritance
o
 
Angelita was a minor during intestate proceedings
 –
 
never assisted by counsel (Felix’s lawyers)
 
o
 
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:
o
 
Motion to appoint new Admin.
o
 
Setting aside original declaration of heirs
o
 
Holding unwarranted declaring properties as paraphernal [control of wife]
 –
reserving option for parties todetermine which are paraphernal and which are conjugal
o
 
Setting aside order granting Admin. Fees = P10,000
o
 
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)

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