Scribd Logo
Upload

Welcome to Scribd!

  • 96 views

    Solivio v. CA Digest G.R. No. 83484

    Uploaded by

    Bons Rodriguez Manalo
    Celedonia Solivio and Concordia Javellana Villanueva were the surviving relatives of novelist Esteban Javellana Jr. After his death, they agreed to honor his wish to establish a foundation with his estate. Celedonia filed to be named administrator and heir. Concordia later filed for reconsideration admitting the agreement but was denied. Concordia then filed a new case claiming a share of the estate. The Supreme Court ruled against Concordia, finding her prior judicial admission of the agreement to establish the foundation to be conclusive.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Solivio v. CA Digest G.R. No. 83484

    Uploaded by

    Bons Rodriguez Manalo
    96 views2 pages
    Celedonia Solivio and Concordia Javellana Villanueva were the surviving relatives of novelist Esteban Javellana Jr. After his death, they agreed to honor his wish to establish a foundation with his estate. Celedonia filed to be named administrator and heir. Concordia later filed for reconsideration admitting the agreement but was denied. Concordia then filed a new case claiming a share of the estate. The Supreme Court ruled against Concordia, finding her prior judicial admission of the agreement to establish the foundation to be conclusive.

    Original Description:

    Judicial Notice Rules of Court Art. 129 Sec. 4 Rules of Civil Procedure as Amended

    Original Title

    Solivio v. CA Digest G.R. No. 83484

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Celedonia Solivio and Concordia Javellana Villanueva were the surviving relatives of novelist Esteban Javellana Jr. After his death, they agreed to honor his wish to establish a foundation with his estate. Celedonia filed to be named administrator and heir. Concordia later filed for reconsideration admitting the agreement but was denied. Concordia then filed a new case claiming a share of the estate. The Supreme Court ruled against Concordia, finding her prior judicial admission of the agreement to establish the foundation to be conclusive.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    96 views2 pages

    Solivio v. CA Digest G.R. No. 83484

    Uploaded by

    Bons Rodriguez Manalo
    Celedonia Solivio and Concordia Javellana Villanueva were the surviving relatives of novelist Esteban Javellana Jr. After his death, they agreed to honor his wish to establish a foundation with his estate. Celedonia filed to be named administrator and heir. Concordia later filed for reconsideration admitting the agreement but was denied. Concordia then filed a new case claiming a share of the estate. The Supreme Court ruled against Concordia, finding her prior judicial admission of the agreement to establish the foundation to be conclusive.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    CELEDONIA SOLIVIO

    vs.
    THE HONORABLE COURT OF APPEALS and CONCORDIA JAVELLANA VILLANUEVA

    G.R. No. 83484 February 12, 1990

    Facts: Esteban Javellana, Jr., a novelist and the author of the first post-war Filipino novel
    "Without Seeing the Dawn," died a bachelor, his only surviving relatives are: (1) his maternal
    aunt, petitioner Celedonia Solivio, the half-sister of his mother, Salustia Solivio; and (2) the
    private respondent, Concordia Javellana-Villanueva, sister of his deceased father, Esteban
    Javellana, Sr. Before his untimely death, Esteban, Jr. expressed to his relatives and friends his
    plan to place his estate in a foundation to honor his mother who originally owned the properties
    and to help poor but deserving students. After his funeral, Concordia and Celedonia agreed to
    honor the wishes of the deceased. So Celedonia Solivio Pursuant to their agreement that
    Celedonia would take care of the proceedings leading to the formation of the foundation, filed
    Spl. Proceeding for her appointment as special administratrix of the estate of Esteban Javellana,
    Jr. Later, she filed an amended petition praying that letters of administration be issued to her; that
    she be declared sole heir of the deceased. After due publication and hearing of her petition, as
    well as her amended petition, she was declared sole heir of the estate of Esteban Javellana, Jr.
    The court (Branch 23, RTC) declared her the sole heir of Esteban, Jr. Thereafter, she sold
    properties of the estate to pay the taxes and other obligations of the deceased and proceeded to
    set up the "SALUSTIA SOLIVIO VDA. DE JAVELLANA FOUNDATION" which she caused to be
    registered in the Securities and Exchange Commission. Four months later, Concordia Javellana
    Villanueva filed a motion for reconsideration of the court's order declaring Celedonia as "sole
    heir" of Esteban, Jr., because she too was an heir of the deceased. In this motion for
    reconsideration Concordia Javellana Villanueva admitted in court that she agreed to facts
    narrated by Celedonia Solivio. The motion of Concordia Javellana Villanueva was denied by the
    court for tardiness. Instead of appealing the denial, Concordia filed a case for partition, recovery
    of possession, ownership and damages in another Branch (RTC26). The said trial court rendered
    judgment in favor of Concordia Javellana-Villanueva. This was later on affirmed by the Court of
    Appeals. Hence this appeal to the Supreme Court.

    Issue: Whether Concordia may recover her share of the estate after she had agreed to place the
    same in the Salustia Solivio Vda. de Javellana Foundation as she judicially admitted in her
    motion for reconsideration?

    Held: No. The judicial admission by Concordia of the agreement to put up a foundation is
    conclusive and no evidence need be presented to prove the agreement.

    You might also like