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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 the
same 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:
1930 71 ares and 30 centares to Birog for 1, 100 (paid)
1933 2 hectares to Birog for 2, 200 (initially with remaining balance of 300, later paid 275, wrote promissory note for 25)
1934 1 hectare 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
Feb1935, 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).
Judgement afformed.