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RODRIGUEZ VS RODRIGUEZ case -relationship between plaintiff and the children turned worse

Facts: -when plaintiff failed to deliver the balance of the earnings of the
fishpond,
-Concepcion Felix (widow of Felipe Calderon) whom he had a child
named Concepcion children sent a letter of demand to her

-she contracted a second marriage with Domingo Rodriguez, -Conception Felix filed an action to declare the deeds of transer null
(widower with 4 children) and void for they are simulated

-Prior to the 2nd marriage, Concepcion Felix was the registered


owner of 2 fishponds
ISSUE:
-So she appeared to have executed a deed of sale conveying
WON the deeds of transfer are simulated
ownership of the properties to her daughter, Conception Calderon

in which the latter in turn appeared to have transferred to her


mother and stepfather by means of a document RULING:
-original title were cancelled and issued now in the names of The charge of simulation is untenable because the sale was done for
spouses Domingo and Concepcion Felix the purpose of converting the property from paraphernal to
conjugal
-Rodriguez died intestate and children and heirs entered into
extrajudicial settlement of Domingo's estate consisting 1/2 of the -so she and her daughter must have intended to keep the
properties belonging to conjugal ownership of the fishponds and real and intented to be fully
operative, being
including the fishponds
the means to achieve the result desired.
-heirs ended their co-ownership by executing a deed of partition,
dividing and segregating their respective shares in the properties - one of the characteristic of simulation is that apparent contract is
not really intended or desired to produce legal effects or
-Rodriguez children executed another document granting unto the
widow lifetime usufruct over 1/3 of the fishpond which they in any other way alter the juridical situation of the parties
received as

hereditary share in the estate of Domingo Rodriguez

-widow appeared to have leased from the children the fishpond

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