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Ining VS Vega

Leonardo R. Vega filed a case seeking partition of a parcel of land originally owned by Leon Roldan. The land was inherited by Leon's siblings Romana and Gregoria upon his death. Romana was survived by her daughter and grandson Leonardo, while Gregoria was survived by six children. The court dismissed Leonardo's claim, finding that Gregoria's heirs had acquired ownership through purchases made by Lucimo Sr., who was married to one of Gregoria's daughters but was not an heir himself. The Supreme Court reversed, holding that as a relative by affinity rather than a direct heir, Lucimo could not repudiate the co-ownership or start prescription running against the other co-owners. Leonardo

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ANSAI CLAUDINE CALUGAN
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274 views2 pages

Ining VS Vega

Leonardo R. Vega filed a case seeking partition of a parcel of land originally owned by Leon Roldan. The land was inherited by Leon's siblings Romana and Gregoria upon his death. Romana was survived by her daughter and grandson Leonardo, while Gregoria was survived by six children. The court dismissed Leonardo's claim, finding that Gregoria's heirs had acquired ownership through purchases made by Lucimo Sr., who was married to one of Gregoria's daughters but was not an heir himself. The Supreme Court reversed, holding that as a relative by affinity rather than a direct heir, Lucimo could not repudiate the co-ownership or start prescription running against the other co-owners. Leonardo

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ANSAI CLAUDINE CALUGAN
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ANTIPOLO INING (DECEASED), SURVIVED BY MANUEL VILLANUEVA, et al.

vs. LEONARDO R. VEGA


G.R. No. 174727
August 12, 2013
DEL CASTILLO, J.:
Facts:
Leon Roldan, married to Rafaela Menez, is the owner of a 3,120-square meter parcel of
land in Kalibo, Aklan. Leon and Rafaela died without issue. Leon was survived by his siblings
Romana Roldan and Gregoria Roldan Ining, who are now both deceased. Romana was survived
by her daughter Anunciacion Vega and grandson, Leonardo R. Vega. Leonardo is survived by
his wife Lourdes and children Restonilo I. Vega, Crispulo M. Vega, Milbuena Vega-Restituto
and Lenard Vega. Gregoria, was survived by her six children. The petitioners on the case except
for Ramon Tresvalles and Roberto Tajonera are Gregoria’s grandchildren or spouses.
In 1997, acting on the claim that one-half of subject property belonged to him as
Romana’s surviving heir, Leonardo filed with the Regional Trial Court (RTC) of Kalibo, Aklan
for partition, recovery of ownership and possession, with damages, against Gregoria’s heirs. In
their Answer with counterclaim, Gregoria’s heirs claimed that Leonardo had no cause of action
against them; that they have become the sole owners of the subject property through Lucimo Sr.
who acquired the same in good faith by sale from Juan Enriquez, who in turn acquired the same
from Leon, and Leonardo was aware of this fact. 
The RTC dismissed the complaint on the ground of prescription, declared lot to be
common property of the heirs of Gregoria Roldan Ining, and concluded that Leon never sold the
property to Enriquez, and in turn, Enriquez never sold the property to Lucimo Sr.; hence, the
subject property remained part of Leon’s estate at the time of his death in 1962. The CA declared
1/2 portion of Lot 1786 as the share of the plaintiffs as successors-in-interest of Romana Roldan
and the other 1/2 portion of Lot 1786 as the share of the defendants as successors-in-interest of
Gregoria Roldan Ining.

Issue:
Whether or not Lucimo Sr. has the right to perform acts which characterized as a
repudiation of the co-ownership in the subject property.
Held:
No. He is not a co-owner of the property. He is not an heir of Gregoria; he is merely
Antipolo’s son-in-law, being married to Antipolo’s daughter Teodora. Under the Family Code,
family relations, which is the primary basis for succession, exclude relations by affinity. One
who is merely related by affinity to the decedent does not inherit from the latter and cannot
become a co-owner of the decedent’s property. Consequently, he cannot validly effect a
repudiation of the co-ownership, which he was never part of. For this reason, prescription did not
run adversely against Leonardo, and his right to seek a partition of the property has not been lost.

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