Chua v. CFI
G.R. No. L-29901, August 31, 1977
FACTS:
In the first marriage of Jose Frias Chua with Patricia Militar he sired three children, namely: Ignacio, Lorenzo and Manuel. When Patricia S. Militar died, Jose Frias Chua contracted a second marriage with Consolacion de la Torre with whom he had a child by the name of Juanita Frias Chua. Manuel, one of the children of Jose in his first marriage, died without leaving any issue.
Then in 1929, Jose Frias Chua died intestate. In the intestate proceeding, Consolacion and Juanito got 1/2 each of Lot No. 399. Jose’s children in the first marriage got cash.
On February 27, 1952, JuanitoFrias Chua of the second marriage died intestate without any issue. After his death, his mother Consolacion de la Torre succeeded to his pro-indivisio share of Lot No. 399. Then on March 5, 1966, Consolacion de la Torre died intestate leaving no direct heir either in the descending or ascending line except her brother and sisters.
In the “Intestate Estate of Consolacion de la Torre,” the petitioners herein, Ignacio Frias Chua, of the first marriage and dominador and Remedios Chua, the supposed legitimate children of the deceased Lorenzo Frias Chua, also of the first marriage filed the complaint praying that the one-half (1/2) portion of Lot No. 399 which formerly belonged to JuanitoFrias but which passed to Consolacion de la Torre upon the latter’s death, be declaredas a reservable property.
ISSUE:
Whether or not the complaint of petitioners to recover the one-half portion of Lot 399 which originally belonged to JuanitoFrias Chua has already prescribed when it was filed on May 11, 1966, or 14 years after the death of Juanito (prepositus).
RULING:
NO. The Court held that the petitioners herein are claiming as reservees did not arise until the time the reservor, Consolacion de la Torre, died in March 1966. When the petitioners therefore filed their complaint to recover the one-half (1/2) portion of Lot 399, they were very much in time to do so.
