Gonzales Richard Ballo
2020-0165
Borja vs. Addison
G.R. No. L-18010
June 21, 1992
Facts: Eulolio Belisario executed in favor of Basilio Borja a deed of sale of two parcels
of land in question, reserving the right to repurchase. That on March 30, 1917 Peter W.
Addison purchased at the sheriff’s sale under the execution in Civil Case No.499. that
on June 4,1918 the possession was delivered by the provincial sheriff to Addison and
sold under execution and was recorded in the registry, McClure executed a quiet-claim
in favor of Addison.
Issue: Whether or not Maximo Belisario the sole heir formed a partnership with his
father after her mother died for the management and control of the community property?
Held: In the absence of the formalities prescribed under Article 1667 and 1668 of the
Civil Code, knowledge of the existence of the new partnership must at least be brought
to third persons dealing with the surviving husband in order to bind them by the
community agreement. In the case at bar there was no evidence to show that Borja had
any notice of the fact that Maximo Belisario participated in the administration of the
property or claim any rights or ownership. The order of the trial court ordering the
registration of thesaid parcels of land in the name of Basilio Borja is affirmed.
Note : Date recited : September 10,2023
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