Individual Notes
Note for: Elizabeth Smith, -
Index
Individual Note: Tenuous, relies on having identified the right Thos. Bruce
Individual Notes
Note for: William Bruce, -
Index
Individual Note: Tenuous, relies on having identified the right Thos. Bruce
Individual Notes
Note for: James Aitkin, -
Index
Individual Note: Source - IGI:
ELIZABETH AITKIN chr. 08 OCT 1775
Coldstream, Berwick, Scotland, father: James Aitkin
This is a tenuous link. It is based soley on the fact that the date of christening matches the age of an Elizabeth Denham in the 1841 Census.
Individual Notes
Note for: Emilia Molina Aragon, 9 APR 1877 - JAN 1950
Index
Individual Note: Source - Dr. Andreas "Andy" Aragon Angara, personal communication 2005-12-21
Emilia was born in Baler, 9 Apr
1877 and died January 1950 aged 73.
Individual Notes
Note for: Senen "Lolo" Gabaldon, -
Index
Individual Note: Source - Zen Angara Collinson
Friend of Euginio Lopez, wealthy Filipino businessman. Lopez owned Meralco, a/the major electricuty utility. He fell foul of President Marcos. Marcos appointed Senen Gablodon President of Meralco. Zen can recall being in Tokyo with large carpet bags of US dollar cash being brought out of the Philippines to hand over to Eugenio Lopez who stayed there with his doctor (he was sick).
Source - http://www.supremecourt.gov.ph/Lawlist/GA_TO_GAPUZ.html
"GABALDON, SENEN J.; Admitted to the Bar on December 17, 1927." Same man??
"GABALDON, ISAURO; Admitted to the Bar on April 16, 1903." His father?
Individual Notes
Note for: Manuel Luis Molina Quezon, 19 AUG 1878 - 1 AUG 1944
Index
Graduation: Date: 24 FEB 1894
Place: University of Santo Tomas, Metro Manial, Philippines - Bachelor of Arts, summa cum laude
Graduation: Date: 4 FEB 1903
Place: Placed 4th in the bar exam
Occupation: Date: 15 NOV 1935
Place: President (1935 - 1944)
Occupation: Date: 16 APR 1903
Place: Lawyer
Occupation: Date: 5 MAR 1906
Place: Provinicial Governor of Tayabas, Elected as an independent candidate
Occupation: Date: 30 JUL 1907
Place: Assembleyman, Elected to First Philippine Assembly
Occupation: Date: 16 OCT 1907
Place: elected Majority Floor Leader and Chairman of the powerful Committee on Appropriations.
Occupation: Date: 15 MAY 1909
Place: elected 1 of 2 Philippine resident commisioner to the U.S. Congress
Occupation: Date: 16 OCT 1916
Place: Senator and Senate President continuously from 1916-1935
Burial: Date: 1 AUG 1946
Place: North Cemetary, Metro Manila, Philippines
Individual Note: Summary
---------------
Manuel L. Quezon
Born: Aug. 19, 1878 in Baler, Tayabas (now Quezon)
Died: Aug. 1, 1944
Wife: Maria Aurora Aragon
Parents: Lucio Quezon and Maria Dolores Molina
Education: Lawyer, University of Santo Tomas
First President of the Philippine Commonwealth
Nov. 15, 1935 - Aug. 1, 1944
Miscellaneous: For more than two decades , he dominated the Philippine political scene with his brilliance and intellectual prowess culminating in being elected overwhelmingly as the first president of the commonwealth in 1935, beating handily Emilio Aguinaldo and Bishop Gregorio Aglipay. His vehement objections to the Hare-Hawes-Cutting Act gave way to the Tydings-McDuffie Act. He's known in history as the "Father of the National Language".
===========================
Source - Z
A first cousin of his wife.
Employer of General Douglas McArthur - as Field Marshal of Philippine Army and put him up in Manila Hotel.
rUMOURED TO be sired by a priest, a Spanish Prior. [Friar?]
===========================
Source - Manuel Quezon III, grandson; http://www.quezon.ph/text/gpa.html
1878
August 19:
Birth of Manuel Luis Quezon, in Baler, Tayabas, to Lucio Quezon and Maria Dolores Molina, both school teachers.
1883
Received early education from his parents and an aunt.
1887
Enrolled at Colegio de San Juan de Letran, Manila.
1889-1894
Obtained highest grades during pre-College studies at San Juan de Letran.
1893
Death of Quezon's mother, Maria Dolores Molina, from Tuberculosis.
1894
February 19:
Took examination for the degree of Bachelor of Arts, at the University of Santo Tomas.
February 24:
Awarded degree of Bachelor of Arts, summa cum laude, at the University of Santo Tomas.
1895
Commenced study of law at Univeristy of St. Tomas.
1896
Beginning of the Philippine Revolution. Lucio Quezon makes his son swear never to join the Revolution.
1897
Resumed study of law interrupted by the Philippine Revolution against Spain.
1898
May or June:
Lucio Quezon, father of Manuel L. Quezon, and Pedro Quezon, younger brother of Manuel, are ambushed and killed by revolutionaries for their loyalty to to the Spanish colonial government.
June 12:
Philippine Independence proclaimed by General Emilio Aguinaldo.
August 13:
Quezon witnesses the surrender of Manila by the Spanish to the Americans.
September15:
The Philippine Congress is asssembled in Malolos, Bulacan, and ratifies the proclamation of independence on September 19.
December 10:
The United States and Spain sign the Treaty of Paris and the USA assumes sovereignty over the Philippines.
1899
February 4:
Commencement of the Filipino-American War. April: Quezon Joined Aguinaldo's Revolutionary Forces against the United States. He is given the rank of 2nd Lieutenant. Promoted to 1st Lieutenant after his first succesful action in supressing banditry in Aliaga, Nueva Ecija province,
June:
Joins the general staff of General Emilio Aguinaldo. He is promoted to the rank of Captain.
July:
Promoted to Major and appointed commander of the Second Company composed of guerrillas in Bataan.
1900
September:
Surrendered to the Americans. Falsely accused of complicity in the murder of a companion. Was imprisoned for six months by the U.S. Army.
1901
Given free board and lodging by Santiago Antonio and his wife in their house in Pandacan, Manila.
1903
February 20:
Applied to the Supreme Court for permission to take the bar examination. Placed 4th in the exam.
April 16:
Took oath of a licensed lawyer.
September 19:
Accepted position offered by Trinidad J. Pardo de Tavera as provinicial fiscal for Mindoro.
October:
Personally filed a criminal case aganist Fabian Hernandez, arch-enemy of his late father, Lucio, for having falsified the latter's signature and for having forcibly taken possession of his two-acre rice farm in Baler, Tayabas (now Aurora).
1904
March 12:
Promoted as fiscal of Tayabas. Filed 25 cases of estafa against Francis J. Berry, a very infulential American lawyer and publisher of the Cablenews-American.
November 1:
Resigned as fiscal of Tayabas.
1906
January 15:
Entered politics with his election as councilor of the municipality of Tayabas, in Tayabas province.
March 5: Elected Provinicial Governor of Tayabas as an independent candidate.
1907
March 12:
Partido Nacionalista is established by Sergio Osmeña, Rafael Palma, Manuel L. Quezon
July 25:
Resigned as Provincial Governor of Tayabas to enter candidacy for a seat in the First Philippine Assembly. Won over Domingo Lopez on July 30.
October 16:
The first Philippine Assembly is inaugurated by the United States Secretary of War, William H. Taft. Manuel L. Quezon nominates Sergio Osmeña for Speaker; Quezon is elected Majority Floor Leader and Chairman of the powerful Committee on Appropriations.
1908
July:
When Governor-General William Howard Taft appointed Rafael Palma as a member of the Philippine Commission (the upper house at the time), Quezon, as the majority floorleader becomes Speaker Sergio Osmeña's right-hand man.
May 23:
Majority Floor Leader Manuel L. Quezon of the Philippine Assembly leaves Manila for St. Peterburg, Russia, as a delegate to the Navigation Conference. The first Filipino political junket.
1909
May 15:
Benito Legarda and Manuel L. Quezon are elected Philippine resident commisioners to the U.S. Congress.
May 15 to January 11, 1917:
Held position of Junior Resident Commissioner of the Philippines to the U.S. Congress. During that period two important political concessions were given to Filipinos: a Filipino majority in the Philippine Commission in 1913, and the surrender of all legislative rights to Filipinos by the establishment of the Philippine Senate in 1916, as provided for in the Jones Law.
1910
May 14:
Made maiden speech as Junior Commissioner before U.S. House of Representatives.
1911
(Autumn) Independence Tour of influential New England States.
1916
August 29:
The Jones Law is approved, providing autonomy for the Filipinos and their future independence.
October 3:
General elections are held to choose the country's representatives to the newly established bicameral Philippine Legislature, composed of the Senate and the House of Representatives.
October 16:
In accordance with the provisions of the Jones Law, the new Philippine Legislature, consisting of an upper and a lower house or Senate and House of Representatives, meets for the first time. Sergio Osme–a is elected Speaker of the House and Manuel L. Quezon, President of the Senate. Quezon holds position as Held position of Senator and Senate President continuously from 1916-1935.
1917
May 28:
Senate President Manuel L. Quezon offers the military services of 25,000 soldiers of the Philippine National Guard to the American forces fighting in Europe.
1918
October 16:
Governor-General Francis Burton Harrison creates the Council of State by Executive Order No. 37, to secure cooperation and harmony between the Department and the Legislature. This body is composed of the Secretaries of Departments, the Senate President, and the Speaker of the House. Its function is to advise the governor-general on important matters.
November 7:
The Philippine Legislature passes a concurrent resolution creating a Commission of Independence for the purpose of studying ways and means of securing independence. Headed first Independence Mission to the United States.
December 14:
Civil marriage to Aurora Aragon in Hong Kong.
December 17:
Church wedding of Quezon to Aurora solemnized by the Bishop of Hong Kong in the Catholic Cathedral.
1919
March 17:
The Philippine Legislature approves a Declaration of National Purposes averring that the time had come for the grant of political independence. Strengthening this legislative resolution Governor-General Harrison certifies the existence of a stable government, thereby complying with the conditions laid down by the Jones Law as a pre-requisite for Philippine Independence. As result the Wood-Forbes mission is sent.
September 23:
Birth of QuezonÕs first child, Maria Aurora.
1920
August 8:
Senate President Manuel L. Quezon, heading a group of Filipino businessmen, founds the ÒPhilippines HeraldÓ, the first Filipino daily in English.
December 2:
President Wilson, in his farewell message to Congress, certifies that the Filipino people have already established a stable government and recommends that independence be granted them. Leadership friction between Senate President Quezon and Speaker Osmeña grows to more tangible proportions.
1942
February 20:
President Manuel L. Quezon, his family, and the War Cabinet leave Corregidor by submarine for unoccupied regions of the country.
March 11:
General Douglas MacArthur and his family leave Corregidor for Australia.
March 26:
Quezon leaves Philippines for Australia aboard one of three flying fortresses which McArthur sends.
April 20:
Boarded S.S. President Coolidge in Melbourne for the United States.
May 8:
Arrived in San Francisco, California, on board the troopship S.S. President Coolidge. Rogether with all living former American Governors-General and High Commissioners, President Franklin D. Roosevelt welcomes Manuel L. Quezon to Washington DC, where the Philippine government-in-exile is to be established.
June 2:
President Manuel L. Quezon addresses the United States House of Representatives on the Pacific War situation. He addresses the US Senate a few days later.
May 13:
Due to the Japanese occupation, the seat of the Philippine Commonwealth government is declared to be at Washington, D.C., U.S.A.
June 14:
Signed the United Nations declaration, on behalf of the Commonwealth Government, in an international ceremony held in the presence of Roosevelt and the delegates of all signatory nations at the White House. From then on, the Philippine flag would be displayed together with those of the Allied Powers. Philippines admitted as a member of the Pacific War Council.
1943
November 12: The U.S. Congress passes Joint Resolution No. 25 extending the terms of office of the President and Vice- President of the Commonwealth until the President of the United States shall have proclaimed the restoration of constitutional processes and the normal functions of government in the Philippines.
1944
June 29:
The U.S. Congress passes Joint Resolution No. 93, authorizing the President of the United States to proclaim the independence of the Philippines on July 4, 1946.
August 1:
Manuel L. Quezon dies at Saranac Lake, New York. Temporarily interred in Arlington National Cemetery, Washington D.C. - buried with state honours.
1945
Gold Cross military decoration stablished by President Sergio Osmena as per the provisions of Circulars 86 and 198, the
Headquarters, Army of the Philippines, dated July 22, 1945 and December 27, 1945, respectively, mandating it as the Philippine Army decoration equivalent to the U.S. Army Silver Star. The medal bears the image of Manuel L. Quezon.
1946
July 4:
Philippine independence formally recognized by the United States.
July 27:
The remains of the late President Manuel L. Quezon arrived from the United States on board the aircraft carrier U.S.S. Princeton.
August 1:
Finally laid to rest on Philippine soil, in the family plot in the North Cemetery.
September 7:
Tayabas Province is renamed Quezon Province. The establishment of the Congressional Quezon Service Cross is proposed by President Manuel A. Roxas and approved by the First Congress of the Philippines. Conferred on deserving citizens for Òexemplary service to the nation approximating the ideals of public service of Manuel L. Quezon.Ó Recommended by the President and approved by a joint resolution of Congress. This award is conferred by the President and is authorized under joint resolution No. 4, the First Congress of the Philippines, approved on October 21, 1946. It remainsthe highest state decoration of the Philippine Government to this day.
1948
President Elpidio Quirino formally proclaims Quezon City as the capital of the Republic of the Philippines.
1949
April 29:
Burial at the North Cemetery of Mrs. Aurora Aragon Quezon, her daughter Maria Aurora, and her son-in-law Felipe Buencamino III, who were killed by renegade Communist rebels on their way to Baler.
1950
July 21:
The municipality of Maria Aurora, in Quezon Province (later part of Aurora sub-province and then Aurora province) is created. It is named after Maria Aurora Quezon, eldest child of Manuel L. Quezon.
1951
The northern portion of Quezon Province, including Baler, birthplace of Manuel and Aurora Quezon is classified as a sub-province in 14 July 1951 through Republic Act 648.
1953
August 19:
President Ramon Magsaysay inaugurates the Quezon monument in Lucena City, capital of Quezon Province.
1976
Ferdinand Marcos issues a decree restoring Manila as the Capital of the Philippines, and later incorporates Quezon City into ÒMetro ManilaÓ.
1978
Manuel L. Quezon Centennial Year is declared by Presidential Proclamation.
1979
May:
The people of Aurora sub-province vote in favor of complete independence from Quezon Province.
August 13:
Aurora Province, named after Aurora A. Quezon, is established as the 73rd province of the country by virtue of Batas Pambansa Bilang 7. Luis S. Etcubanez is appointed Governor, making him the first Governor of Aurora Province. He then issues an Executive Order making February 19 every year as the Aurora Foundation Day in honor of the Aurora Quezon.
August 19:
Remains of Manuel L. Quezon moved and reinterred in the Quezon Monument, Quezon Memorial Circle, Quezon City.
1987
August 19 is declared Quezon Day and made a national working holiday throughout the Philippines by the Philippine Congress. It is a non-working holiday in Quezon City, Quezon Province, and Aurora Province.
Individual Notes
Note for: Casimiro Bundoc Tiñio, - 1923
Index
Individual Note: So rich he'd light his cigarrete with 100 Peso bill. Gambler
Maryann Tinio is married to Boy Tinio, who is descended from this guys borther a general. Maryann is a dau. of a Roberto Cuenca/o a Marcos crony and CDCP president and may have part of teh Marcos hidden wealth. Still alive 2003.
Boy Tinio had an affair with a dau. of Richard "Dick" Wilcott, former Aus. Sec for affairs. Son Peter Wilcott os chief of staff of Alexander Downer.
======================
Source - LDS IGI
Lots of Tinio references in Phils - probably could link ifwe knew this guys name.
======================
Source - http://www.lawphil.net/judjuris/juri1931/dec1931/gr_l-32056_1931.html
PHILIPPINE JURISPRUDENCE - FULL TEXT
The Lawphil Project - Arellano Law Foundation
G.R. No. L-32056 December 31, 1931
BERNARDA TINIO DE GABALDON, ET AL. vs. GREGORIO VENTURA
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. L-32056 December 31, 1931
BERNARDA TINIO DE GABALDON and ISAURO GABALDON, plaintiffs-appellees,
vs.
GREGORIO VENTURA, defendant-appellant.
M. H. de Joya, Gibbs & McDonough and Roman Ozaeta for appellant.
Vicente Nepomuceno and Guevara, Francisco & Recto for appellees.
IMPERIAL, J.:
This is an appeal taken by the defendant, Gregorio Ventura , from the judgment rendered by the Court of First Instance of Nueva Ecija, by virtue of which the plaintiff, Bernarda Tinio de Gabaldon, was declared the owner of the land in litigation; the deed of sale, Exhibit 5, was declared null and void; the appellant was ordered to return the possession of said property to the appellee and to pay to the latter, as value of the fruits illegally collected, the sum of P3,000 a year from May 4, 1927 to the date of delivery of the property in question.
From the evidence presented during the trial, the following facts may be deduced:
The land in question is situated in the barrios of Butao de Sapang Calibungan and Galavera in the municipality of Guimba, Nueva Ecija. It contains 118 hectares and is bounded on the north by the Calibungan Creek, also called Masalasa and the lands belonging to Cipriano Coloma and Regina Esguerra, which formerly belonged to Candido Sarmiento but at present occupied by Gregorio Ventura; on the east by the Pinagpandayan Creek; on the south by the same Pinagpandayan Creek, also known as Galavera Creek and the lands of Gregorio Ventura, formerly belonging to Candido Sarmiento; and on the west by lands formerly belonging to Paulo Medina now owned by Juan Garcia.
Jacinto Buenavides originally possessed under claim of ownership a portion of the land in question which he later sold to Casimiro Paguirigan y Pascua. The latter broke and cleared another portion adjacent to it and thus the parcel in question was formed. After having been in possession of the same for the required period, he applied for and obtained a possessory information title in accordance with the Mortgage Law, which was recorded in the registry of deeds of Nueva Ecija (Exhibit A-3). On February 22, 1896, Paguirigan sold said land to Federico Mendez y Villa-Abrille, and the corresponding deed of sale, Exhibits A and A-2, was executed and recorded in the same registry. On December 17, 1896, Federico Mendez y Villa-Abrille, in turn, sold the same land to the herein appellee, Bernarda Tinio, the corresponding deed of sale being Exhibit A-1, which was also recorded in the registry of deeds of the aforementioned province.
Having become the owner of said property, the appellee turned over its management to her late father, Casimiro Tinio, who rented it on shares first to Simon Sawit, then to his relative, Eligio Tinio, and lastly, to the herein appellant, Gregorio Ventura, delivering to his daughter, the herein appellee, the yearly palay crop obtained as rent from the tenants mentioned above.
The appellant Ventura, leased the land from 1910 but fearing he might suffer a loss, he succeeded in returning it to his predecessor, Eligio Tinio. However, the appellant again leased all of the land in 1914 from which time he cultivated it, delivering the yearly crop to the late Casimiro Tinio, who, in turn, delivered the same to his daughter who was the real owner thereof. Thus, he continued possessing and cultivating the land in question until April 7, 1920, when he succeeded in buying from Casimiro Tinio all of the property for P25,000. The corresponding deed of sale, Exhibit 5, was executed but was not recorded in the registry of deeds due to the fact that the property was in the name of the appellee.
At that time the appellee, being unmarried but of age, established her residence in the municipality of Aliaga and looked after her father's rice fields in that municipality; and, inasmuch as the property recently acquired by her was located in the municipality of Guimba, where her father owned extensive fields, in reciprocation the latter looked after his daughter's property and, acting as his daughter's representative, leased said land to the aforesaid persons. Either because the property in question belonged to his principal, or, because of the intimate relationship existing between him and the appellee, the late Casimiro Tinio declared the property in his name for taxation purposes, without stating that it belonged exclusively to his daughter, and consequently the taxes paid by him as well as the receipts issued, were exclusively in his name and the property was reaccorded in the tax-list until the date of its conveyance to the herein appellant, who succeeded in transferring it in his name.
From the year 1920, the appellant appropriated the rice harvested from the land, which the court fixed in accordance with the evidence presented at 1,000 cavanes a year, or P3,000 yearly at the rate of P3 a cavan.
The appellee was not aware of the conveyance made by her father until the latter's death in 1923 when the appellant refused to deliver to her the crop harvested that year, alleging, for the first time, that he had already ceased to be a mere tenant and was then the absolute owner thereof.
The appellant assigns the following errors:
1. The trial court erred in failing to find that Casimiro Tinio purchased the land in question thru his daughter and attorney-in-fact, Bernarda Tinio.
2. The trial court erred in failing to find that Casimiro Tinio exercised undisputed dominion over the land in question from the time he purchased it in 1896 to the time he sold it to the defendant on April 7, 1920.
3. The trial court erred in believing the uncorroborated and incredible declaration of the plaintiff, Bernarda Tinio, to the effect that her father merely administered the land in question for her and that he delivered to her the rent up to and including the year 1922.
4. The trial court erred in believing the gratuitious assertions of the witnesses, Simon Sawit and Eligio Tinio, that the deceased, Casimiro Tinio, told them that the land in question belonged to his daughter, Bernarda Tinio.
5. The trial court erred in not holding that plaintiff's cause of action, if any, had prescribed.lawphil.net
6. The trial court erred in not holding that the plaintiff, Bernarda Tinio, is estopped from recovering the land in question.
7. The trial court erred in declaring null and void the deed of sale, Exhibit 5; in ordering the defendant to deliver the possession of the land in question to the plaintiffs; in condemning the defendant to pay to the plaintiffs P3,000 a year from May 4, 1927, until the satisfaction of the judgment; and in not absolving the defendant from the complaint.
The first error is not supported by the evidence and is unfounded. There is nothing in the deed of sale, Exhibit A-1, which even remotely indicates that the herein appellee purchased the land in the capacity of attorney-in-fact for her father. It appears clearly that the transfer was made directly to her, she having paid the stipulated price herself. In the power of attorney executed by Casimiro Tinio in favor of his daughter, the herein appellee, there is nothing to show that the latter bought the land merely as her father's attorney in fact inasmuch as all the power conferred upon her consisted in the exercise of general acts of administration and the special authority to transfer or mortgage the properties under her administration in the municipality of Aliaga, but she was not empowered to acquire real property in that municipality or anywhere else.
The evidence presented shows that from the date of the acquisition of the property in question up to the time of the death of Casimiro Tinio, he had been in possession of the land as his daughter's administrator or trustee delivering to her the rice crop produced by the tenants every year. From these facts, it cannot be inferred that, during the lifetime of the deceased, he had exercised acts of ownership over the land in question to the prejudice of its true owner. The second assignment of error is, therefore, untenable.
The third and fourth assignments are not supported by the evidence. The testimony of the appellee to the effect that her late father had been delivering her the yearly crops until the year 1922, is corroborated to a certain extent by her deed of purchase, which was duly recorded, and by the testimony of the former tenants, Simon Sawit and Eligio Tinio, and has not been successfully contradicted by any other evidence. There is nothing improbable in Simon Sawit's and Eligio Tinio's testimony to the effect that the late Casimiro Tinio had told them that the land really belonged to his daughter, taking into consideration the fact that they had been tenants on the land and, as such, found it necessary to communicate with the deceased regarding the disposition of the crops which, as had been said, were periodically delivered to the appellee as soon as they were harvested.
The prescription invoked by the appellant is not supported either by the law or the facts of the case. His actual possession commenced only on April 7, 1920, when the deed of sale was executed, and the action for the recovery of the land was commenced by the appellee when she filed her complaint on May 3, 1927, that is, seven (7) years and a few days after the commencement of the alleged possession of the appellant. It is evident, therefore, that the period of ten years required by law for the acquisition of property by prescription had not yet elapsed.
There is nothing in the evidence to show the alleged existence of estoppel invoked by the appellee. The appellant's possession of the land and the improvements made thereon, if true, cannot be used against her inasmuch as it appears that she was entirely ignorant of the transfer made by her father until the appellant, in 1923 refused to deliver to her the crops and informed her, for the first time, that he had become the owner of the land through purchase from the deceased, Casimiro Tinio. The evidence shows that there was not even tolerance nor tacit consent on the part of the appellee because she continued to receive the crops until the year 1922, after her father had already died.
The last assignment of error, being a mere corollary of the preceding ones, need not be discussed. However, it must be noted that, according to the evidence, the appellant was not an innocent purchaser and therefore he would be bound to refund the value of the crops received from the year 1923, at least, were it not for the failure of the appellee to except to the decision of the trial court in this respect and to file the corresponding bill of exceptions. He was not an innocent purchaser because, according to his own admissions, he had some doubt, at least, as to the identity of the true owner of the land which he later purchased. According to him, he was not sure as to who was the real owner of the land because of the rumors he had heard that the owner could as well be Casimiro Tinio as his daughter, the appellee herein. This doubt could have no other significance than that he really suspected that Casimiro Tinio was not true owner thereof. His assertion that he became convinced that Casimiro Tinio was the true owner because his sons told him they had seen Tinio visit the land on a certain occasion, is so childish that it can scarcely, if at all, convince anybody.
In view of the foregoing, and being of the opinion that the decision appealed from is in accordance with law, the same is hereby affirmed in toto, with costs of this instance against the appellant.
The right to claim from the intestate or legal representative of the deceased, Casimiro Tinio, or from his heirs, the sum of P25,000 paid by the appellant, Gregorio Ventura, for the land in question, is hereby reserved to him. So ordered.
Avanceña, C.J., Malcolm, Villamor, Romualdez and Villa-Real, JJ., concur.
Street, J., dissents.
Separate Opinions
OSTRAND, J., dissenting:
I dissent. Without here going into the details of the case, I am fully convinced that the appellant is in fact the true owner of the land in question.
The Lawphil Project - Arellano Law Foundation
Individual Notes
Note for: Frances Collinson, 1880 - AFT 1966
Index
Occupation: Date: 1901
Place: General Servant Domestic (1901 Census possible match)
Emigration: Date: 1904
Place: To Souris, Manitoba, Canada
Individual Note: Births Jun 1880
COLLINSON Frances Castle W. 10b277
=======================
Source - 1881 England Census:
Born Gosforth, Northumberland. 10 months old, living with parents in Kenton, Northumberland.
=======================
Source - 1891 England Census:
Living with father in Kenton, Northumberland, Scholar. Born Gosforth.
=======================
Source - 1901 England Census:
There is one Francis/Frances Collinson, female, 20, General Servant Domestic, born Northd Gosforth, living South Gosforth.
Living: 28, Rothwell Road, South Gosforth
Note: There are no other Collinson living in Gosforth.
=======================
Source - FreeBMD Marriages/Deaths:
No likely match 1890 - 1902 (as of March 2005)
=======================
Source - Joe Collinson:
Came to Souris, Manitoba, Canada with her brother's family (James). Still living in Souris, Mb. in 1966.
=======================
Source - FreeBMD:
No record of a Frances or Francis Collinson marrying a Clarkson Mar 1895 - Dec 1902
Surname First name(s) District Vol Page
Marriages Dec 1896
Collinson Frances Sculcoates 9d433
Jones Samuel Sculcoates 9d433
Smith Benjamin Sculcoates 9d433
Stabeler Isabella Sculcoates 9d433
Marriages Dec 1898
Brown James Wolstanton 6b207
COLLINSON Frances Wolstanton 6b207
Crosby John Wolstanton 6b207
Glover Charlotte Wolstanton 6b207
Marriages Jun 1901
Collinson Frances Anne Malton 9d783
Croft Bransby Malton 9d783
Marriages Dec 1902
Brown Agnes Dewsbury 9b1239
Collinson Frances Mary Dewsbury 9b1239
Cunnington Fred Dewsbury 9b1239
Holmes James Dewsbury 9b1239
Marriages Sep 1907
COLLINSON Frances Grimsby 7a1511
LEE Edith Mary Grimsby 7a1511
RICHARDSON Cook Grimsby 7a1511
ROOTS Arthur Grimsby 7a1511
Marriages Sep 1908
CAVE George Thomas Bradford 9b97
COLLINSON Frances Bradford 9b97
HIZZETT Mary Alice Bradford 9b97
ROOLEY Arthur James Bradford 9b97