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Vianzon
September 20, 1927| Malcolm, J. | Dead Mans Statute
PETITIONER: Inestate estate of Marcelino Tongco, represented by JOSEFA TONGCO, administratrix
RESPONDENT: Anastacia Vianzon
SUMMARY: Before Marcelino died, he presented claims in a cadastral case over certain parcels of land.
Shortly after he died, these parcels of land were named in his conjugal partnership with Anastacia.
Josefa, Marcelinos niece and appointed administratrix, filed an action for recovery of these properties.
The trial court ruled in favor of Anastacia, but Josefa questioned the fact that the trial court admitted
Anastacias testimony. SC ruled that TC did not err in admitting Anastacias testimony because a
cadastral case does not involve a petitioner and a defendant, and the case was commenced by the
estate and not against it, as provided in the provision.
DOCTRINE: Dead mans statute is subject to waiver, and is not applicable in a cadastral case where
there is neither a defendant nor a petitioner.
RATIO: