FIRST DIVISION
[G.R. No. 24955. September 4, 1926. ]
JULIAN SOLLA, ET AL., Plaintiffs-Appellants, v. URSULA ASCUETA ET AL., Defendants-Appellants.
Marcelino Lontok, for Plaintiffs-Appellants.
Antonio, Belmonte, Miguel Florentino, Jose A. Espiritu and Camus, Delgado & Recto, for Defendants-Appellants.
SYLLABUS
1. DESCENT AND DISTRIBUTION; PRESCRIPTION OF OWNERSHIP. — Under provisions of articles 1940 and 1957 of the Civil Code, as well as the provisions of sections 38, 40 and 41 of the Code of Civil Procedure, the plaintiffs have lost by, extinctive prescription, not on]y all right of action to recover the ownership of the property left to their predecessors in interest, but also whatever right of ownership they may have had to the same because of Leandro Serrano’s exclusive, open, peaceful and continuous possession which was adverse to all the world, including the legatees and their successors, for the period of thirty-nine years under claim of ownership, evidenced not only by his applications for possessory information, but also by his exclusive enjoyment of the products of said property, — even if it is considered that the legatees have not renounced their part in the legacy — has given him, by operation of law, exclusive and absolute title to said property. (Bargayo v. Camumot, 40 Phil., 857, 869.)
2. WILLS; INTERPRETATION; TESTATOR’S INTENTION. — In order to determine the testator’s intention, the court should place itself as near as possible in his position, and hence, where the language of the will is ambiguous or doubtful, it should take into consideration the situation of the testator and the facts and circumstances surrounding him at the time the will was executed. (40 Cyc., 1392.)
3. ID.; ID.; ID. — Where the testator’s intention is manifest from the context of the will and surrounding circumstances, but is obscured by inapt and inaccurate modes of expression, the language will be subordinated to the intention, and in order to give effect to such intention, as far as possible, the court may depart from the strict wording and read a word or phrase in a sense different from that which is ordinarily attributed to it, and for such purpose may mold or alter the language of the will, such as restricting its application or supplying committed words or phrases. (40 Cyc., 1399.)
2. WILLS; INTERPRETATION; TESTATOR’S INTENTION. — In order to determine the testator’s intention, the court should place itself as near as possible in his position, and hence, where the language of the will is ambiguous or doubtful, it should take into consideration the situation of the testator and the facts and circumstances surrounding him at the time the will was executed. (40 Cyc., 1392.)
3. ID.; ID.; ID. — Where the testator’s intention is manifest from the context of the will and surrounding circumstances, but is obscured by inapt and inaccurate modes of expression, the language will be subordinated to the intention, and in order to give effect to such intention, as far as possible, the court may depart from the strict wording and read a word or phrase in a sense different from that which is ordinarily attributed to it, and for such purpose may mold or alter the language of the will, such as restricting its application or supplying committed words or phrases. (40 Cyc., 1399.)
D E C I S I O N
VILLA-REAL, J.:
These are two appeals by the plaintiffs and defendants, respectively, from the judgment of the Court of First Instance of Ilocos Sur, the dispositive part of which is as follows:jgc:chanrobles.com.ph
"The court finds that the plaintiffs Rosenda Lagmay and Silvestra Sajor are the surviving legatees of the testratix Maria Solla; that the plaintiffs Julian Solla and Lucia Solla are heirs of Sergio Solla; Ambrosio Lagmay is the heir of the deceased Cayetana Solla; Francisco Serna, 2.
"The court finds that the plaintiffs Rosenda Lagmay and Silvestra Sajor are the surviving legatees of the testratix Maria Solla; that the plaintiffs Julian Solla and Lucia Solla are heirs of Sergio Solla; Ambrosio Lagmay is the heir of the deceased Cayetana Solla; Francisco Serna, 2.
