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Neri vs. Akutin [SEPARATE OPINION, DISSENTING, BOCOBO, J.]

Administration of the estate of Agripino Neri y Chavez. ELEUTERIO NERI ET AL., petitioners, vs. IGNACIA AKUTIN AND HER CHILDREN, respondents.

G.R. No. 47799 | 1943-05-21

DISSENTING

BOCOBO, J.,

After a careful study of this  case, I am constrained to dissent from the resolution of the majority denying  the  motion for reconsideration.  I believe the  judgment of the Court of Appeals should be affirmed because:

First,  there has  been no   preterition under article 814, Civil Code.

Second even supposing that there has been preterition, the chndren of the second marriage are, however, entitled to the third for free disposal and to the third for mejora, in  addition to their shares in the strict or short legitime.

 
I

There Is No Preterition

There is no...