1. ADVENTITIOUS PROPERTY; USUFRUCT; IMPLIED WAIVER. — Although in accordance with the laws in force on the date when the partnership between the defendant and his children by first marriage was formed, the property inherited by said children from their deceased mother was adventitious property, the usufruct of which belonged to the defendant, it was held: That the defendant, in entering into partnership with his children with respect to said property, agreeing to share with them the fruits which may be obtained from said property, renounced this usufruct and there was no law forbidding him to make this renunciation.

2. CONTRACTS; MINORS; LACK OF CAPACITY AND LEGAL REPRESENTATION. — The plaintiff claims that the children of the defendant by first marriage, being minors, could not contract with their father through a relative who was not authorized by them. Held: That the contract thus executed although invalid could be ratified by said minors upon arriving at majority.

In January, 1870, Maximo Joaquin was married for the first time to Juana Bernardo with whom he had five children named Elias, Sixto, Dorotea, Maria and Simeona. Neither Maximo Joaquin nor Juana Bernardo brought property of any kind to this marriage; but during said marriage and until November 1, 1882, when Juana Bernardo died, they acquired properties belonging to the conjugal partnership (bienes gananciales) and amounting to P1,800. Upon the death of Juana Bernardo, her brother Simeon Bernardo, demanded of Maximo Joaquin one-half of the P1,800 which belonged to Juana Bernardo as her half of the property of the conjugal partnership and which must go to her children Elias, Sixto, Dorotea, Maria, and Simeona. Instead of delivering this half, Maximo Joaquin entered into an agreement with the said Simeon Bernardo whereby it was stipulated that Maximo Joaquin would form a partnership with his children with the P1,800 as capital, one-half of which would be considered as his share and the other half as his children’s share, and the earnings thereof were to be divided between him and his children equally. In this manner Maximo Joaquin during his widowhood continued managing the P1,800 until July 7, 1885, when he was married to Francisca Tuason, said capital of P1,800 having increased to that date to P3,677. When Maximo Joaquin was married to Francisca Tuason, the latter did not bring property of any kind to this marriage, while the former brought the sum of P3,677 aforesaid. During the second marriage which lasted until February 26, 1909, when Francisca Tuason died, this capital of P3,677 increased to P163,250. Maximo Joaquin had four children by the second marriage, named Gregorio, Fidela, Domingo, and Feliza.

The plaintiffs herein are Maximo Joaquin’s children by his second marriage, that is, with Francisca Tuason, and the defendants herein are Maximo Joaquin and his children by his first marriage, that it, with Juana Bernardo. The parties having entered into an agreement, the question in this case is reduced to Maximo Joaquin’s liquidating all of his properties, determining the portion corresponding to him, to his children by first marriage and to the children by his second marriage. Maximo Joaquin presented this liquidation in which he enters, the following items:

SUMS TO BE DEDUCTED.

The capital and earnings of the first marriage

of Maximo Joaquin, i. e., with Juana

Bernardo, which was brought wholly

to his second marriage, i. e., with

Francisca Tuason and with which the

properties A, B, C, D, and E were acquired P3,677.00

This sum of P3,677 deducted from the grand total

of P163,250 gives a balance of P159,573

as net profit, one-half of which belongs to

the deceased Juana Bernardo, or rather to

her children-Elias, Dorotea, Sixto, Maria,

and Simeona Joaquin y Bernardo, as the net

profit of their capital in the partnership between

them and their father Maximo Joaquin P79,786.50

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Total 83,463.50

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ADJUDICATIONS.

SHARE OF MAXIMO JOAQUIN.

For his share of one-half o