No cases today! we're just gonna do some rambling stuff.. yes I just feel like doin' lengthy and confused or inconsequential writing today.... kidding.. yeah that free style free flowing kinda thing. (I'm always free flowing)
Just the other day I was at the optometrician. And she was doin' some measurements and eye tests. Yup, I need a reading glasses. Yeah! Blame it on those sturdy thick law books.. na walang patawad. You know the irony of it all is that I even hated reading when I was a kid. I remember my mother forcing me to read my school books everyday right after lunch for an hour coz grade school classes were in the morning. And I hated it. If I'd be the boss I'd rather use my in-between-lunch-and-nap time 'Playing' rather than reading. I've always thought that 'playing' is God's gift to mankind when I was in those age. But one thing that my mom instilled in me during those times of my ordeal. She always made it a point for me to understand what I'm reading. She probably have realized that I was not the geeky type so she had to make it quick that I get the essence of it.
But you know? I never thought I'd wear glasses. I was built with excellent 20/20 vision from childhood to adult that I swear I would have passed as an airline pilot. I wasn't even wearing one back in my previous law school. Wasn't until last year that I really had to wear one. Well, maybe the age is catching up, that's why. That cold inevitable crucial fact of life.. the one that you always want to stare in the eye and give it that proverbial fuckin' middle finger and say.. 'suck iiiit!!!'.
The good thing is the doctor said it's strictly for reading, I'm far sighted. I musn't wear them when I drive or walk the streets or I'll ram every car or sideswipe any kid if I did. The doctor said it again "they're strictly for reading purposes". Geez after years of 20/20 vision then this.. I just wonder what happened somewhere along the way. My getting kicks out of reading fine prints on excellent wine bottles must have taken its toll.. WTF.
Believe me I never dreamt of this, like wearin' one?... but.. oh well bite my tongue, actually I did once, even went over board wearing one just to impress my girlfriend way back in college. I didn't want to be laughed at wearing ungraded glasses for nothin' but style. I wanted the real thing co'z she's very nosy. She's a university scholar so believe me she'd know. I wanted somethin' that'd really impress her. Somethin authentic. Actually hindi ako makabili ng fake eyeglasses kase punta lahat sa matrikula & libro (grin). Kaya sabe ko.. baka pede magimprovise.
Yeah.. I remember.. I tried to pull one off for her. I never told her anything about it, I just surprised her one day wearing graded glasses in class. And she smiled, she felt elated her boyfriend's the sensitive and sensible type the way she wanted it. But actually she didn't know I just took it from my dad's drawer from one of those seldom used Hemingway glasses of his and told her with a serious tone, well, "kelangan na kaseng magsalamen eh" like mr. phony as hell. And she loved it. Well.
Actually it was cool stuff way back then in college if you're wearing reading glasses, co'z science was the in thing then, as in most kids worship Albert Einstein. Specially if you tend to carry books and reading them on book stands even if you're just mixing peanut butter with jelly sandwich behind the book for cries sake. I mean it was a sure gate pass for a mature romantic manly look that sends the girls crazy daydreaming for that one great love. Funny were the old times really.
But my girlfriend then she didn't even look anything like your typical thick graded glassed scholar, in fact she never wore glasses, she's the sexy type..tsk..lakas ng sex appeal grabe. Worked for a semi-huge jewelry store as an apprentice, they cut diamonds and design neat authentic stuff. So the next day she brought me this small pad of special kind of paper. Parang matchpad na onion skin ang itchura. While were seated in class she reached for my bag and took my dad's gla... I mean MY pair of eyeglasses and so I asked "Uh what's that?" "Its a special kind of paper I took from the office, this is what we use to clean diamonds, jewels and glasses" and she showed me how. So I said "great!" And she said "now try it on" And I said "wow malinaw nga" "see?". Actually malinaw nga, malinaw na malabo.. kase wala talagang grado mata ko tinitiis ko lang para masabe nya lang na "ang talino talaga ng boyfriend ko" the fuck Lol, pero actually hilong-hilo na ako.. ganon pala yon.. di ka dapat magsuot ng di mo grado, ang sakit sa ulo grabe lalo pag tumingin na ako sa doble vista ng tatay ko LOL grabe!!! hilong-hilo akoo.. di ko na maties sasabihin ko na talaga! suko na ako!! LOL
One day di ko na sinuot.. I went to class the usual self.. without it. Sabe nya "O nasaan na eyeglasses mo?" Pati mga barkada ko nagtanong. "Anong eyeglasses wala naman akong eyeglasses ah?" "Eh kaninong glasses yon?" "Di akin yon sa tatay ko yun no hahaha" She laughed kinurot ako ang tagal "Sabi ko na nga ba eh.. kaya pala hilong-hilo ka no Mr. Clavecilla?" "Ouch!" "Hmp!" "Tsk.. lika nga dito.."
Pero mas grabe yung sa recitation di nya na-gets. Akala nya talaga tutoong nagaral ako. We had this Math teacher in Algebra.. of course everybody knew that were a pair, even the teachers, kase they have this scholars list, and I guess somehow tinitingnan nila kung matalino din yung partner, so the teacher tested her in oral recitation. I think the test wasn't actually for her, it was actually for me.
He wrote the equations on the board but he bombarded my girlfriend with questions to solve with her mind, and I couldn't just take it sitting down. I was seated at the back of her chair together with my pals. And the teacher was checking my reactions each time. And it looked to him like there's nothing I can do to be of help to her. Her previous calculations in her workbook were correct but she was saying a totally wrong totaled answer.
The teacher was going like "Your previous answers are correct Ms. Diaz, your calculations are correct but your answer to the whole equation is wrong.. again your answer Ms. Diaz?" "9 sir" "Wrong!.. calculate it again while standing up" "...12?" "Again your answer is wrong" And he was looking at me. Everyone was helping her pitching in the answer but they're shouting wrong answers.
The teacher was gazing at me trying to see what I will do. I took a quick look at my workbook leaned forward discreetly and whispered "6". Di sya naniwala sabe nya "8 sir"... I said whut the fuck... "6" lumalakas na boses ko, narinig ng teacher and boy the teacher quickly stopped the whole class and we're all puzzled because he's suddenly displaying this big smile. Then he laughed and clapped his hand 'clap-clap-clap' "And the knight in shinning armor comes to the rescue for his lady in distress ha ha ha... magnificent.. beautiful.., what is the answer Mr. Clavecilla?" "ehem.. 6 sir" "There you go! Listen to me ladies, when you get a man you don't get some weakling na pakuyakuyakoy lang dyan sa tabe... you get a strong man who can take you out of that situation you're in... you hear me?.. sit down Ms. Diaz.. good job Mr. Clavecilla... I am totally impressed, this is such a good day... something special has just transpired today and I am glad to have witnessed such glory of love... hahaha... chivalry after all is not dead". Class was dismissed.
She caught me at the doorway having fist-bumps with my buddies. "Galing mo pare!!". Then I heard her "Eyy wait up!" she pulled my belt holder to make me notice she's at my back, she's the only one who does that, and I know it's her. She slipped to my side, my arm goes around her. "You didn't listen" I said. "Soooryyy". "Let's go get some ice cream" "Shoot!!". Pero actually di ako nag-aral talaga, may kodigo lang talaga ako. LOL. Actually pakuyakuyakoy lang talaga ako sa tabi-tabe LOL. Kakahiya tuloy, dami pa sinabi ni sir HA HA HA. Nakaka guilty hahaha.
I'll let you in in a little secret. She may have found out quickly about the glasses thing co'z she's all intelligent and smart like that. But she never found out about the recitation thingie. Reason my answer was correct is because I bought an upperclassman's old Algebra workbook under the same teacher for just 200 bucks. Reason I bought it is because it was corrected and graded by the same teacher. I thought if his answers were wrong at least I could infer from that. And it just so happened that his answer in that particular section was correct. Isa pa ayoko nga mag-xerox. Well mostly his answers were correct. I slipped it under my workbook that day for the graded recitation. Thanks to the fella. And thing was she never found out about it, neither did the teacher, nor the class. Oh but don't get me wrong. I still believe in true chivalry.
Let's get to the case.. ay may case ba tayo? sorry..
This is ahh.. a Succesion case.. laban to ng Legal Wife & a Common-Law Wife.
Just the other day I was at the optometrician. And she was doin' some measurements and eye tests. Yup, I need a reading glasses. Yeah! Blame it on those sturdy thick law books.. na walang patawad. You know the irony of it all is that I even hated reading when I was a kid. I remember my mother forcing me to read my school books everyday right after lunch for an hour coz grade school classes were in the morning. And I hated it. If I'd be the boss I'd rather use my in-between-lunch-and-nap time 'Playing' rather than reading. I've always thought that 'playing' is God's gift to mankind when I was in those age. But one thing that my mom instilled in me during those times of my ordeal. She always made it a point for me to understand what I'm reading. She probably have realized that I was not the geeky type so she had to make it quick that I get the essence of it.
But you know? I never thought I'd wear glasses. I was built with excellent 20/20 vision from childhood to adult that I swear I would have passed as an airline pilot. I wasn't even wearing one back in my previous law school. Wasn't until last year that I really had to wear one. Well, maybe the age is catching up, that's why. That cold inevitable crucial fact of life.. the one that you always want to stare in the eye and give it that proverbial fuckin' middle finger and say.. 'suck iiiit!!!'.
The good thing is the doctor said it's strictly for reading, I'm far sighted. I musn't wear them when I drive or walk the streets or I'll ram every car or sideswipe any kid if I did. The doctor said it again "they're strictly for reading purposes". Geez after years of 20/20 vision then this.. I just wonder what happened somewhere along the way. My getting kicks out of reading fine prints on excellent wine bottles must have taken its toll.. WTF.
Believe me I never dreamt of this, like wearin' one?... but.. oh well bite my tongue, actually I did once, even went over board wearing one just to impress my girlfriend way back in college. I didn't want to be laughed at wearing ungraded glasses for nothin' but style. I wanted the real thing co'z she's very nosy. She's a university scholar so believe me she'd know. I wanted somethin' that'd really impress her. Somethin authentic. Actually hindi ako makabili ng fake eyeglasses kase punta lahat sa matrikula & libro (grin). Kaya sabe ko.. baka pede magimprovise.
Yeah.. I remember.. I tried to pull one off for her. I never told her anything about it, I just surprised her one day wearing graded glasses in class. And she smiled, she felt elated her boyfriend's the sensitive and sensible type the way she wanted it. But actually she didn't know I just took it from my dad's drawer from one of those seldom used Hemingway glasses of his and told her with a serious tone, well, "kelangan na kaseng magsalamen eh" like mr. phony as hell. And she loved it. Well.
Actually it was cool stuff way back then in college if you're wearing reading glasses, co'z science was the in thing then, as in most kids worship Albert Einstein. Specially if you tend to carry books and reading them on book stands even if you're just mixing peanut butter with jelly sandwich behind the book for cries sake. I mean it was a sure gate pass for a mature romantic manly look that sends the girls crazy daydreaming for that one great love. Funny were the old times really.
But my girlfriend then she didn't even look anything like your typical thick graded glassed scholar, in fact she never wore glasses, she's the sexy type..tsk..lakas ng sex appeal grabe. Worked for a semi-huge jewelry store as an apprentice, they cut diamonds and design neat authentic stuff. So the next day she brought me this small pad of special kind of paper. Parang matchpad na onion skin ang itchura. While were seated in class she reached for my bag and took my dad's gla... I mean MY pair of eyeglasses and so I asked "Uh what's that?" "Its a special kind of paper I took from the office, this is what we use to clean diamonds, jewels and glasses" and she showed me how. So I said "great!" And she said "now try it on" And I said "wow malinaw nga" "see?". Actually malinaw nga, malinaw na malabo.. kase wala talagang grado mata ko tinitiis ko lang para masabe nya lang na "ang talino talaga ng boyfriend ko" the fuck Lol, pero actually hilong-hilo na ako.. ganon pala yon.. di ka dapat magsuot ng di mo grado, ang sakit sa ulo grabe lalo pag tumingin na ako sa doble vista ng tatay ko LOL grabe!!! hilong-hilo akoo.. di ko na maties sasabihin ko na talaga! suko na ako!! LOL
One day di ko na sinuot.. I went to class the usual self.. without it. Sabe nya "O nasaan na eyeglasses mo?" Pati mga barkada ko nagtanong. "Anong eyeglasses wala naman akong eyeglasses ah?" "Eh kaninong glasses yon?" "Di akin yon sa tatay ko yun no hahaha" She laughed kinurot ako ang tagal "Sabi ko na nga ba eh.. kaya pala hilong-hilo ka no Mr. Clavecilla?" "Ouch!" "Hmp!" "Tsk.. lika nga dito.."
Pero mas grabe yung sa recitation di nya na-gets. Akala nya talaga tutoong nagaral ako. We had this Math teacher in Algebra.. of course everybody knew that were a pair, even the teachers, kase they have this scholars list, and I guess somehow tinitingnan nila kung matalino din yung partner, so the teacher tested her in oral recitation. I think the test wasn't actually for her, it was actually for me.
He wrote the equations on the board but he bombarded my girlfriend with questions to solve with her mind, and I couldn't just take it sitting down. I was seated at the back of her chair together with my pals. And the teacher was checking my reactions each time. And it looked to him like there's nothing I can do to be of help to her. Her previous calculations in her workbook were correct but she was saying a totally wrong totaled answer.
The teacher was going like "Your previous answers are correct Ms. Diaz, your calculations are correct but your answer to the whole equation is wrong.. again your answer Ms. Diaz?" "9 sir" "Wrong!.. calculate it again while standing up" "...12?" "Again your answer is wrong" And he was looking at me. Everyone was helping her pitching in the answer but they're shouting wrong answers.
The teacher was gazing at me trying to see what I will do. I took a quick look at my workbook leaned forward discreetly and whispered "6". Di sya naniwala sabe nya "8 sir"... I said whut the fuck... "6" lumalakas na boses ko, narinig ng teacher and boy the teacher quickly stopped the whole class and we're all puzzled because he's suddenly displaying this big smile. Then he laughed and clapped his hand 'clap-clap-clap' "And the knight in shinning armor comes to the rescue for his lady in distress ha ha ha... magnificent.. beautiful.., what is the answer Mr. Clavecilla?" "ehem.. 6 sir" "There you go! Listen to me ladies, when you get a man you don't get some weakling na pakuyakuyakoy lang dyan sa tabe... you get a strong man who can take you out of that situation you're in... you hear me?.. sit down Ms. Diaz.. good job Mr. Clavecilla... I am totally impressed, this is such a good day... something special has just transpired today and I am glad to have witnessed such glory of love... hahaha... chivalry after all is not dead". Class was dismissed.
She caught me at the doorway having fist-bumps with my buddies. "Galing mo pare!!". Then I heard her "Eyy wait up!" she pulled my belt holder to make me notice she's at my back, she's the only one who does that, and I know it's her. She slipped to my side, my arm goes around her. "You didn't listen" I said. "Soooryyy". "Let's go get some ice cream" "Shoot!!". Pero actually di ako nag-aral talaga, may kodigo lang talaga ako. LOL. Actually pakuyakuyakoy lang talaga ako sa tabi-tabe LOL. Kakahiya tuloy, dami pa sinabi ni sir HA HA HA. Nakaka guilty hahaha.
I'll let you in in a little secret. She may have found out quickly about the glasses thing co'z she's all intelligent and smart like that. But she never found out about the recitation thingie. Reason my answer was correct is because I bought an upperclassman's old Algebra workbook under the same teacher for just 200 bucks. Reason I bought it is because it was corrected and graded by the same teacher. I thought if his answers were wrong at least I could infer from that. And it just so happened that his answer in that particular section was correct. Isa pa ayoko nga mag-xerox. Well mostly his answers were correct. I slipped it under my workbook that day for the graded recitation. Thanks to the fella. And thing was she never found out about it, neither did the teacher, nor the class. Oh but don't get me wrong. I still believe in true chivalry.
Let's get to the case.. ay may case ba tayo? sorry..
This is ahh.. a Succesion case.. laban to ng Legal Wife & a Common-Law Wife.
If you read this case it starts with an ACTION FOR RECOVERY & POSSESSION.
The subject of recovery? A five (5) parcels of land situated in Pangasinan. The two parties opposing each other are two women (at parehong Maria pa pangalan). This is a court battle between a LAWFUL WIFE (Uson) vs. a COMMON LAW WIFE (Del Rosario).
If you will look closely you’ll see that the subject lands are in the Common-Law Wife’s possession. And that’s where the conflict starts. The Legal Wife wants it back. (Tsk tsk tsk)
The subject of recovery? A five (5) parcels of land situated in Pangasinan. The two parties opposing each other are two women (at parehong Maria pa pangalan). This is a court battle between a LAWFUL WIFE (Uson) vs. a COMMON LAW WIFE (Del Rosario).
If you will look closely you’ll see that the subject lands are in the Common-Law Wife’s possession. And that’s where the conflict starts. The Legal Wife wants it back. (Tsk tsk tsk)
Maria Uson plaintiff in this case was the lawful wife of Faustino Nebreda who died leaving the lands involved in this litigation. Faustino Nebreda left no other heir except his widow Maria Uson. However, the widow claims that soon as her husband died, his common-law wife Maria del Rosario took possession illegally of the said lands thus depriving her of their possession and enjoyment.
Defendant’s defense centered on the fact that Uson and her husband executed a public document whereby they agreed to separate as husband and wife and, in consideration of which Uson was given a parcel of land and in return she renounced her right to inherit any other property that may be left by her husband upon his death.
The lower court decided in favor of the legal wife. Defendant common-law wife appealed.
ISSUE:
1. Does the legal wife have a right over the lands in litigation from the moment of death of her husband?
2. Does the illegitimate children of the deceased and his common-law wife have successional rights?
HELD:
1. YES.
There is no dispute that Maria Uson, is the lawful wife of Faustino Nebreda, former owner of the five parcels of lands litigated in the present case.
There is likewise no dispute that Maria del Rosario, was merely a common-law wife with whom she had four illegitimate children with the deceased.
It likewise appears that Faustino Nebreda died in 1945 much prior to the effectivity of the New Civil Code.
With this background, it is evident that when Faustino Nebreda died in 1945 the five parcels of land he was seized of at the time passed from the moment of his death to his only heir, his widow Maria Uson (Art777 NCC).
As the Court aptly said, "The property BELONGS TO THE HEIRS AT THE MOMENT OF DEATH of the ancestor as completely as if the ancestor had executed and delivered to them a deed for the same before his death".
From that moment, therefore,the rights of inheritance of Maria Uson over the lands in question became vested.
So.. the claim of the defendant that Maria Uson had relinquished her right over the lands in question because she expressly renounced to inherit any future property her husband may acquire and leave upon his death in the deed of separation, CANNOT BE ENTERTAINED for the simple reason that future inheritance cannot be the subject of a contract nor can it be renounced.
2. NO.
The provisions of the NCC shall be given retroactive effect even though the event which gave rise to them may have occurred under the prior legislation ONLY IF NO VESTED RIGHTS ARE IMPAIRED.
Hence, since the right of ownership of Maria Uson over the lands in question became vested in 1945 upon the death of her late husband, the new right recognized by the New Civil Code in favor of the illegitimate children of the deceased cannot, therefore, be asserted to the impairment of the vested right of Maria Uson over the lands in dispute.
The Legal Wife wins this case.
The Legal Wife wins this case.
