LAW ON SUCCESSION | BAUTISTA VS. GRIÑO-AQUINO, G.R. NO. L-79958, OCTOBER 28, 1988

BAUTISTA VS. GRIÑO-AQUINO,

G.R. NO. L-79958, OCTOBER 28, 1988

 

TOPIC/DOCTRINE

To include in an extrajudicial partition property which does not pertain to the estate of the deceased would be to deprive the lawful owner thereof of his property without due process of law.

 

FACTS

Parties admit that petitioner Manuel Bautista married his second wife Emiliana Tamayo; Parties admit that Manuel Bautista and his second wife, Emiliana Tamayo, had only a child, Evangeline Bautista, born on April 29, 1949; That the property in question was the subject matter of extrajudicial partition of property on December 22, 1966, among the heirs of the late Juliana Nojadera, the first wife of Manuel Bautista; Manuel Bautista denied participation in the Extrajudicial Partition of Property.

The findings of facts of both the trial court and the respondent Appellate Court that the signature of Manuel Bautista in the questioned Deed of Extrajudicial Partition is authentic, as examined by the NBI, can no longer be questioned in this proceeding. Nevertheless, even granting that the signature of Manuel Bautista in the questioned Extrajudicial Deed of Partition is genuine, an examination of the document based on admitted and proven facts renders the document fatally defective. The extrajudicial partition was supposed to be a partition without court intervention of the estate of the late Juliana Nojadera, first wife of Manuel Bautista, constituting the subject property. In the same document Manuel Bautista appears to have waived his right or share in the property in favor of private respondents.chanrobles virtualawlibrary chanrobles.com:chanrobles.com.ph

However, the property subject matter of said extrajudicial partition does not belong to the estate of Juliana Nojadera. It is the exclusive property of Manuel Bautista who inherited the same from his father Mariano Bautista, which was registered in his name under T.C.T. No. 2210.

 

ISSUE

Can the property of the surviving husband be the subject of an extrajudicial partition of the estate of the deceased wife?

 

RULING

No.

The court ruled to include in an extrajudicial partition property which does not pertain to the estate of the deceased would be to deprive the lawful owner thereof of his property without due process of law. Only property of the estate of the decedent which is transmitted by succession can be the lawful subject matter of an extrajudicial partition.

Here, the court ruled that the subject property does not belong to the estate of Juliana Nojadera, the Deed of Extrajudicial Partition, is void ab initio being contrary to law. The said partition obviously prejudices the right of Manuel Bautista as exclusive owner of the property. The said partition also effectively resulted in the preterition of the right of Evangeline Bautista as a compulsory heir of Manuel Bautista, daughter of the latter by his second marriage. It is difficult to believe that Manuel Bautista would wittingly overlook and ignore the right of her daughter Evangeline to share in the said property. It is not surprising that he denied signing the said document. Moreover, private respondents knew Evangeline Bautista who is their half-sister to be a compulsory heir. The court finds that her preterition was attended with bad faith hence the said partition must be rescinded. Moreover, such extrajudicial partition cannot constitute a partition of the property during the lifetime of its owner, Manuel Bautista. Partition of future inheritance is prohibited by law.







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