FACTS

Juliana Benemerito, the widow of Silvino Salvante, brought an action to recover possession of nine parcels of land, alleging that her husband died intestate. The defendant, Fernando Velasco, was in possession of the land, claiming inheritance through his son. The son’s claim was based on his deceased mother, who was the granddaughter of Silvino Salvante, and asserted that an actual partition of Silvino’s property had occurred between his children and widow pursuant to his will. The origin of the defendant’s possession was disputed, whether through his son’s and wife’s rights or a power of management from the widow. The case presented conflicting testimony regarding the alleged partition, the existence of a will (with one witness identifying its execution seventeen years after the testator’s death), and other related matters. The Court found it difficult to determine ownership of the property based on the presented evidence.

ISSUE:
Whether the plaintiff, Juliana Benemerito, has established sufficient grounds for immediate possession of the disputed land to warrant its recovery from the defendant, Fernando Velasco, who is currently in occupation.

RULING:
The Supreme Court affirmed the judgment of the Court of First Instance, holding that the plaintiff had failed to demonstrate her entitlement to immediate possession of the land as against the defendant, who was in possession. Consequently, the plaintiff’s action was dismissed, without prejudice to the rights of other interested parties or any other proper proceedings. In a concurring opinion, Justice Willard noted the lower court’s admission of an extrajudicial partition of Silvino Salvante’s estate, wherein the property in question was assigned to the predecessor of the defendant, supporting the affirmance of the judgment.