UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW Crim

Miguel Iseah Landicho (B2023) Professor Te

Nazareno vs Birog
No. 663-R – July 14, 1947
Supreme Court En Banc

Article/s invoked

Then Article 1335, Civil Code1

ARTICLE 134. Donations during the marriage by one of the spouses to the children whom the other spouse
had by another marriage, or to persons of whom the other spouse is a presumptive heir at the time of the
donation are voidable, at the instance of the donor’s heirs after his death. (1335a)

Case Summary

This is an appeal of the judgment of the trial court ruling that petitioner has no claim over lands sold by his
grandfather to respondents, despite the fact that his grandfather executed a deed of donation of such lands in
his favor before selling them to respondents

FACTS OF THE CASE

● March 24, 1917 – Cirilo Braganza executed a deed of donation of the land to Bonifacio Melaño
Nazareno (petitioner), then six years old
○ Petitioner was a child of Mariano Melaño Nazareno with Alberta Aben, the latter being the
daughter of the deceased Juan Aben with Andrea Rodriguez
○ At the time of the execution of the deed, Juan had already died while his widow Andrea was
married to the donor Cirilo. Andrea and Cirilo had no offspring together.
■ In other words, Cirilo is the spouse of petitioner’s grandmother
○ The donation was executed as an expression of love for the child who lived with them.
However, Cirilo continued in possession and enjoyment of the land
● October 8, 1930 – Cirilo sold a portion of the land containing 71 ares and 30 centares to Francisco
Birog (respondent) for the sum of P1,100
○ April 12, 1933 – Cirilo once again sold a second portion containing two hectares and 50 ares
to Birog for P2,200
■ Birog did not pay the price in full, had a balance of P300
■ Paid P275 and on August 1, 1934, executed a promissory note for P25
○ March 12, 1934 – For the third time, now selling one hectare and 70 ares to one Apoloniano
Ariola (respondent) for P1,600
■ Ariola also executed a promissory note for P600 payable at the end of February or
March, 1935
● December 24, 1934 – Cirilo died, with his brother Pedro acting on his behalf
○ Pedro collected the P25 from Birog, while the petitioner issued a demand letter to Ariola
● February 4, 1944 – Action for recovery of title and possession of land was made by petitioner against
Birog and Ariola

1
I was unable to find the original provision. It is likely that the original stated that such donations are void,
not voidable, as the topic is void donations (also stated in the case syllabus).
 UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW Crim
Miguel Iseah Landicho (B2023) Professor Te
○ Ariola was still in possession of the land he bought, while Birog and his wife donated the
land they bought to their child Adolfo
■ Respondent Birog died during the proceedings, continuing the action against his
widow and child
○ Trial court ruled that the sales made by Cirilo to the respondents were null and void.
However, petitioner has still lost ownership over these two portions as he allowed
respondents to remain possession over the lands for more than ten years.
■ Petitioner also signed the deed in favor of Ariola, and is now estopped from claiming
the land back
○ Hence, this petition

ISSUE/S & RATIO/S

Whether or not petitioner is entitled to the lands sold by Cirilo to respondents?
No. The petitioner has no cause of action to make such claims of the lands, as the donation made by Cirilo to
him was prohibited by Article 1335 of the Civil Code. At the time of the donation, Cirilo was already
married to petitioner’s grandmother, making petitioner a grandchild of Cirilo where the prohibition still
applies (9 Manresa 236).
The petitioner has also not acquired the lands through prescription, as there was no evidence he ever
possessed them adversely as against Cirilo. In fact, he signed as a witness to the deed in favor of Ariola,
implying that he never claimed the lands for himself as against his grandfather.

RULING
The judgement of the trial court is AFFIRMED

Montemayor, Pres. J., and Concepcion, J., concur.

NOTES