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Maria Balais vs. Buenaventura Balais

MARIA BALAIS and PETRONILO ERAYA, as successors in interest of JUAN BALAIS and JUANCHO BALAIS, petitioners, vs. BUENAVENTURA, ADELA, ROSITA, and TERESITA, all surnamed BALAIS, respondents.

G.R. No. L-33924 | 1988-03-18

D E C I S I O N


SARMIENTO, J.:

Pursuant to its Resolution of June 30, 1971, 1 the Court of Appeals 2 certified this case to the Court. The Appellate Court declined to render a ruling, it being of the opinion that the case "involve[s] purely questions of law over which [it] [has] no jurisdiction." 3 Specifically, the questions put to the Court are twofold: (1) does the court have jurisdiction to decree a partition in an action for reconveyance? (2) may it apply the provisions of the new Civil Code in determining the successionary rights of heirs where the decedent died during the effectivity of the old Code? 4 questions undoubtedly legal...