by Noel Christopher G. Belleza

ANTONIO MA. BARRETTO Y ROCHA ET AL. v. AUGUSTO H. TUASON Y DE LA PAZ ET AL., GR Nos. 36811, 1934-03-31

Facts:

The mayorazgo was founded by Don Antonio Tuason on February 25, 1794.

On June 4 of the same year the founder died in the City of Manila.

The mayorazgo was approved by Royal Cedula of August 20, 1795.

On October 11, 1820, the Statute of Civil Disentailments was promulgated in Spain, was extended to the Philippine Islands, and took effect therein on March 1, 1864, by virtue of a Royal Decree of October 31, 1863.

The properties of the mayorazgo consist of the Haciendas de Santa Mesa y Diliman, Hacienda de Mariquina, and two urban properties situated on Rosario Street, Manila. By agreement of the parties, the assessed value of the said properties is:

Haciendas de Santa Mesa y Diliman....................................

P3,550,646.00

Hacienda de Mariquina............................................................

1,507,140.00

Properties on Rosario Street ...............................................

542,382.00

 


Total ................................................................................

5,600,168.00

After the promulgation of the decision in the principal case, the defendants filed a motion of reconsideration and various persons filed motions of intervention asking at the same time that they be admitted as intervenors for the purpose of participating in one-fifth of the... properties.

Issues:

For the third time, there is presented for our consideration the mayorazgo founded by the deceased Don Antonio Tuason. The first occasion was when both plaintiffs and defendants appealed from a decision of the Court of First Instance of Manila, dismissing the... complaint and the counterclaim filed, without costs... he mayorazgo was founded by Don Antonio Tuason on February 25, 1794.

Ruling:

Principles: