Bonifacio Nazareno, plaintiff-appellant vs Francisco Birog and Apoloniano Ariola,

defendants-appellee

Andrea Rodriguez and Juan Aben were married and had a daughter named Alberta
Aben. Their daughter Alberta later got married to Mariano Meleno Nazareno and had a
child named Bonifacio Nazareno (plaintiff). When Juan Aben died, Andrea got married to
Cirilo Braganza. Andrea and her second husband Cirilo had no offspring. In March 1917,
Cirilo executed a deed of donation of land to his then six-year old step-grandson
Bonifacio. The donation was accepted in thesame deed by Alberta and Mariano, parents
of Bonifacio. Cirilo continued to possess and enjoy the land.
Beginning in 1930, Cirilo sold portions of the land:

193071 ares and 30 centares to Birog for 1, 100 (paid)

19332 hectares to Birog for 2, 200 (initially with remaining balance of 300, later paid 275,
wrote promissory note for 25)
19341 hectares and 70 ares to Ariola for 1, 600 (balance of 600, promissory note for that
sum payable at end of Feb or March 1935)

These two buyers immediately took possession of the land and cultivated
them. Cirilo died on Dec.1934 and since Ariola had not paid by Feb 1935,
plaintiff wrote him a letter demanding the payment. Pedro Braganza (brother of Cirilo)
collected balance of 25 from Birog in March 1935).

WON plaintiff, Nazareno, may recover title and possession of a parcel of land described
here?
No. Not only did he lose ownership of the two portions of the land that the Birogs and
Ariolas possess, he signed a deed in favor of Ariola on the third and last portion;
therefore, he is estopped from claiming the land. More importantly, appeal must be
dismissed since plaintiff has no cause of action. The deed of donation upon which he
bases his claim to land is null and void since it is made by the donor to
a grandchild of his wife by the wife’s previous marriage. The donation falls
under the prohibition in Art.1335, CC.
Neither has the plaintiff acquired the land by prescription for there is no evidence that
he ever possessed it or claimed it against his grandfather (as evident in deed in favor of
Ariola, signed by Nazareno as witness.