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Emilia Espique, Et Al. Vs. Jacinto Espique 099 Phil 448

EMILIA ESPIQUE and SANTIAGO ESPIQUE, plaintiffs-appellants, vs. JACINTO ESPIQUE, defendant-appellee.

G.R. No. L-8029 | 1956-06-28

D E C I S I O N


BAUTISTA ANGELO, J.:

This is an action for partition of three parcels of land situated in Tayug, Pangasinan based on the claim that they are owned in common and pro indiviso by plaintiffs and defendant. Plaintiffs also pray for damages representing unenjoyed profits from 1916 to 1949, or a period of 33 years.

The defense of defendant is that said lands were given to him and his wife by his parents Basilio ESPIQUE and Maria Diaz as well as his grandfather Julian ESPIQUE by way of a donation propter nuptias on May 8, 1906 and since then he and his wife have been in possession and enjoyment thereof for a period of 44 years...