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[2/2] Javellana vs. La Paz Ice Plant & Cold Storage Co.

[2/2] ELPIDIO JAVELLANA, petitioner, vs. LA PAZ ICE PLANT & COLD STORAGE CO., INC., and THE PUBLIC SERVICE COMMISSION, respondents.

G.R. No. 45577 | 1937-10-30

It is inferable from the passages quoted from the principal decision: (1) that the founder created a mayorazgo of permanent character; (2) that in order to carry out the purposes of the foundation, the founder absolutely prohibited the alienation and encumbering in any form, of the entailed properties, enjoining that the first-born possessor who violates his will would be removed from his position and the management of the properties would pass to the immediate first-born successor; (3) that the mayorazgo was from the beginning a trust, similar to usufruct which is provided for in the Civil Code, in virtue of which the first-born possessor...