[ G.R. No. 5095. January 24, 1910 ]

[ G.R. No. 5095. January 24, 1910 ]

[ G.R. No. 5095. January 24, 1910 ]

LAUREANO ARZADON, PLAINTIFF AND APPELLANT, VS. CLOTILDE ARZADON, DEFENDANT AND APPELLEE.

D E C I S I O N

ARELLANO, C.J.:

Laureano Arzadon, as administrator of the estate of Lorenza Angco, demands the surrender of several rural properties which he states are held by the following persons: By Clotilde Arzadon, those described in the complaint and indicated by the letters (a), (b), (c), (d), (e), (f), (g), W, (i), (j), (k), and (l); and by Maria Luna, Basilia Corpus, and Ponciano Tacmo those likewise described in the complaint and marked with the letters (m), (n), and (n). He states that the first-named parcels were taken possession of by Clotilde Arzadon immediately after the death of Lorenza Angco, and that she still retains them against the will of the heirs of the latter; and that the last three are also unlawfully held by Maria Luna, Basilia Corpus, and Ponciano Tacmo who took them from the possession of Clotilde Arzadon.

The evidence was presented in the manner contained in the following recorded statement:

"At the trial of this case on the same day, the attorneys, to expedite the matter, agreed to file their allegations in writing in order that the trial court might render judgment at the hearing thereof, and the parties thereupon submitted their written allegations in the form of statements of their respective witnesses." These so-called proofs are nothing more than certain papers signed by the counsel of the contending parties, and containing averments seemingly made by various witnesses. At the bottom of that of the plaintiff, which is signed by Attorney A. M. Jimenez, there appears the following:

"The undersigned attorney rejects all and each one of the immaterial proofs that the defendant may offer to the court, denies under oath the presentation of documents lacking legal 'validity, the declarations that may be in conflict with those made by the witnesses of the defendant, excepting therefrom in case of admission by the court, and, lastly, presents two documentary proofs, Exhibits A and B of the complaint."

That of the defendant, signed by Attorney Lucas Paredes, contains the following:

"The defendants object to the documents which the plaintiff has offered as evidence, for the reason that they are immaterial, and in the event their objection is overruled they take exception thereto. As documentary proof they offer Exhibits 1, 2 and 3 of the defendants, and with this they rest their case."

On such proceedings the Court of First Instance of Ilocos Norte rendered the following judgment:

"Inasmuch as the whole of the allegations of the complaint have not been proven as required by law, the court dismisses the same with respect to the parcels of land marked with the letters (a), (b), (c), (d), (e), (k