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Uson v. Del Rosario, G.R. No. L-4963, January 29, 1953 (92 Phil. 530) PDF
Uson v. Del Rosario, G.R. No. L-4963, January 29, 1953 (92 Phil. 530) PDF
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impairment of the vested right of the lawful wife over the lands in
dispute. While article 2253 of the new Civil Code provides that rights
which are declared for the first time shall have retroactive effect even
though the event which gave rise to them may have occurred under
the former legislation, yet this is so only when the new rights do not
prejudice any vested or acquired right of the same origin.
2.ID.; ID.; RENUNCIATION OF INHERITANCE MADE BY LAWFUL WIFE; FUTURE
INHERITANCE, NOT SUBJECT TO CONTRACT.—Although the lawful wife has
expressly renounced her right to inherit any future property that her
husband may acquire and leave upon his death, such renunciation
cannot be entertained for the simple reason that future inheritance
cannot be the subject of a contract nor can it be renounced (1
Manresa, 6th ed., 123; Osorio vs. Osorio, et al., 41 Phil., 531).
3.ID.; ID.; DONATIONS BY DECEASED; ESSENTIAL FORMALITIES OF DONATION.—
Assignments, if any, made by the deceased of real property for which
there was no material consideration, should be made in a public
document and must be accepted either in the same document or in a
separate one (Art. 633, old Civil Code). Assignments or donations
which lack this essential formality have no valid effect.
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9/7/2019 PHILIPPINE REPORTS ANNOTATED VOLUME 092
BAUTISTA ANGELO, J.:
This is an action for the recovery of the ownership and
possession of five (5) parcels of land situated in the
municipality of Labrador, Province of Pangasinan, filed by
Maria Uson agakist Maria del Rosario and her four
children named Concepcion, Conrado, Dominador, and
Faustino, surnamed Nebreda, who are all of minor age,
before the Court of First Instance of Pangasinan.
Maria Uson was the lawful wife of Faustino Nebreda
who upon his death in 1945 left the lands involved in this
litigation. Faustino Nebreda left no other heir except his
widow Maria Uson. However, plaintiff claims that when
Faustino Nebreda died in 1945, his common-law
wife
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Judgment affirmed.
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9/7/2019 PHILIPPINE REPORTS ANNOTATED VOLUME 092
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