Report of the Decision of the Supreme Court of the United States, and the Opinions of the Judges Thereof, in the Case of Dred Scott versus John F.A. Sandford
December Term, 1856.
Cessions of Land by Indian Tribes to the United States: Illustrated by Those in the State of Indiana
First Annual Report of the Bureau of Ethnology to the Secretary of the Smithsonian Institution, 1879-80, Government Printing Office, Washington, 1881, pages 247-262
The Trial of Theodore Parker
For the "Misdemeanor" of a Speech in Faneuil Hall against
Kidnapping, before the Circuit Court of the United States,
at Boston, April 3, 1855, with the Defence
CASE NO. 12 HEIRS OF MARCELINO DORONIO vs. HEIRS OF deed of donation and that TCT No. 44481 be cancelled.
FORTUNATO DORONIO However, the petition was dismissed.
Facts: Spouses Simeon Doronio and Cornelia Gante Issue: Whether or not OCT No. 352 is inadmissible in deceased,were the registered owners of a parcel of land evidence because it is written in the Spanish language. covered by OCT No. 352, described as follows: Ruling: OCT No. 352 in Spanish Although Not Translated into Un terreno (Lote 1018), situada en el municipio de Asingan, English or Filipino Is Admissible For Lack of Timely Objection Linda por el NE; con propriedad de Gabriel Bernardino; con el Petitioners fault the CA for admitting OCT No. 352 in SE con propriedad de Zacarias Najorda y Alejandro Najorda; evidence on the ground that it is written in Spanish language. por el SO con propriedad de Geminiano Mendoza y por el NO They posit that (d)ocumentary evidence in an unofficial con el camino para Villasis; midiendo una extension language shall not be admitted as evidence, unless superficial mil ciento cincuenta y dos metros cuadrados accompanied with a translation into English or Filipino. The argument is untenable. The requirement that documents Marcelino Doronio and Fortunato Doronio, deceased, were written in an unofficial language must be accompanied with a the children of the spouses and the parties in this case are translation in English or Filipino as a prerequisite for its their heirs.Petitioners are the heirs of Marcelino Doronio, admission in evidence must be insisted upon by the parties while respondents are the heirs of Fortunato Doronio.On April at the trial to enable the court, where a translation has been 24, 1919, a private deed of donation propter nuptias was impugned as incorrect, to decide the issue. Where such executed by spouses Simeon Doronio and Cornelia Gante in document, not so accompanied with a translation in English favor of Marcelino Doronio and the latters wife, Veronica or Filipino, is offered in evidence and not objected to, either Pico. Respondents, on the other hand, claim that only half of by the parties or the court, it must be presumed that the the property was actually incorporated in the said deed of language in which the document is written is understood by donation because it stated that Fortunato Doronio, is the all, and the document is admissible in evidence. owner of the adjacent property at the eastern side ( although Moreover, Section 36, Rule 132 of the Revised Rules of there’s a dispute with regard to this property because Evidence provides: somebody else is claiming it as well). Eager to obtain the SECTION 36. Objection. Objection to evidence offered entire property, the heirs of Marcelino Doronio and Veronica orally must be made immediately after the offer is Pico filed before the RTC in Urdaneta, Pangasinan a petition made. "For the Registration of a Private Deed of Donation". No respondents were named in the said petition although Objection to a question propounded in the course of notices of hearing were posted .During the hearings, no one the oral examination of a witness shall be made as interposed an objection to the petition. After the RTC ordered soon as the grounds therefor shall become reasonably a general default, the petition was eventually granted. This apparent. led to the registration of the deed of donation, cancellation An offer of evidence in writing shall be objected of OCT No. 352 and issuance of anew Transfer Certificate of to within three (3) days after notice of the offer Title (TCT) No. 44481 in the names of Marcelino Doronio and unless a different period is allowed by the court. Veronica Pico. On April 28, 1994,the heirs of Fortunato In any case, the grounds for the objections must be Doronio filed a petition for the reconsideration of the decision specified. (Emphasis ours) of the RTC that ordered the registration of the subject deed Since petitioners did not object to the offer of said of donation. It was prayed in the petition that an order be documentary evidence on time, it is now too late in the day issued declaring null and void the registration of the private for them to question its admissibility. The rule is that evidence not objected may be deemed admitted and may be documents are the best evidence of that they contain validly considered by the court in arriving at its judgment. and not for what a party would like it to prove. Said evidence This is true even if by its nature, the evidence is inadmissible was admitted by the RTC.] Once admitted without objection, and would have surely been rejected if it had been even though not admissible under an objection, We are not challenged at the proper time. As a matter of fact, instead of inclined now to reject it. Consequently, the evidence that was objecting, petitioners admitted the contents of Exhibit A, that not objected to became property of the case, and all parties is, OCT No. 352 in their comment on respondents formal to the case are considered amenable to any favorable or offer of documentary evidence. In the said comment, unfavorable effects resulting from the said evidence. petitioners alleged, among others, that Exhibits A, B, C, D, E, F and G, are admitted but not for the purpose they are offered because these exhibits being public and official
Report of the Decision of the Supreme Court of the United States, and the Opinions of the Judges Thereof, in the Case of Dred Scott versus John F.A. Sandford
December Term, 1856.
Cessions of Land by Indian Tribes to the United States: Illustrated by Those in the State of Indiana
First Annual Report of the Bureau of Ethnology to the Secretary of the Smithsonian Institution, 1879-80, Government Printing Office, Washington, 1881, pages 247-262
The Trial of Theodore Parker
For the "Misdemeanor" of a Speech in Faneuil Hall against
Kidnapping, before the Circuit Court of the United States,
at Boston, April 3, 1855, with the Defence