AQUINO V. AQUINO  G.R. No. 208912, December 7, 2021 FACTS Miguel Aquino died intestate on July 5, 1999. He was survived by, among others, Rodolfo, his son, and Arturo, his other son who predeceased him). Arturo was survived by Angela. In July 2003, Angela moved that she be included in the distribution and partition of Miguel’s (her grandfather’s) estate. She alleged that she was Arturo’s only child. Arturo was married to Susan. Arturo died in 1978, before Angela was born, her parents yet unmarried, though did not suffer from any impediment to marry, and were planning to marry before Arturo died. Angela claimed that Miguel took care of her mother’s expenses during her pregnancy with her, that she lived with the Aquino family in their ancestral home, that her father’s relatives recognized her as Arturo’s natural child, that Miguel provided for her needs and supported her education. She alleged that before Miguel died, he provided instructions on how his properties were to be...

REYES VS. BARRETTO, G.R. NO. L-17818, JANUARY 20, 1967   TOPIC/DOCTRINE The legal precept (Article 1081) does not speak of children, or descendants, but of heirs (without distinction between forced, voluntary or intestate ones), and the fact that Salud happened not to be a daughter of the testator does not preclude her being one of the heirs expressly named in his testament, for B.B. was at a liberty to assign the free portion of his estate to whomsoever he chose.   FACTS Article 1081 of the Civil Code of 1889 (then in force) provided that "a partition in which a person was believed to be an heir without being so, has been included, shall be null and void." Based on this Article, the lower court declared the project of partition submitted in the proceedings for the settlement of the estate of B.B. to be null and void ab initio because the distributee, S.B., was not a daughter of the decedent.   ISSUE Whether the partition is null and void.   R...

REYES VS. BARRETTO, G.R. NO. L-17818, JANUARY 20, 1967   TOPIC/DOCTRINE The legal precept (Article 1081) does not speak of children, or descendants, but of heirs (without distinction between forced, voluntary or intestate ones), and the fact that Salud happened not to be a daughter of the testator does not preclude her being one of the heirs expressly named in his testament, for B.B. was at a liberty to assign the free portion of his estate to whomsoever he chose.   FACTS Article 1081 of the Civil Code of 1889 (then in force) provided that "a partition in which a person was believed to be an heir without being so, has been included, shall be null and void." Based on this Article, the lower court declared the project of partition submitted in the proceedings for the settlement of the estate of B.B. to be null and void ab initio because the distributee, S.B., was not a daughter of the decedent.   ISSUE Whether the partition is null and void.   R...

CHINGEN VS. ARGUELLES, G.R. NO. L-3314, JANUARY 3, 1907   TOPIC/DOCTRINE The right of usufruct in the estate of a deceased spouse to which the surviving widower is entitled, who is in addition an heir under the will of his deceased wife, is not superior and he is not entitled to greater privileges than other coheirs, because the object of the law is to equalize the condition of the heirs and that of the surviving spouse with the right of usufruct.   FACTS Tomas Arguelles and wife, e al.,are Legatees of Raymunda Reyes. In her will, Raymunda left in their favor the following legacies: house numbered 8, 10, 12, and 14 Calle Claviera, district of Binondo,  two combs set with diamonds and pearls, gold ring with three diamonds each, gold ring with one large and several diamonds. Anselmo Chingen, Surviving spouse of Raymunda Reyes, filed a complaint against Arguelles and wife, et al. for one-half of the jewels and the rent of the property mentioned in the said...

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 b...

JOKOSALEM VS. RAFOLS, G.R. NO. 48372, JULY 24, 1942   TOPIC/DOCTRINE In the case of  Ramirez vs, Bautista,  14 Phil. 528, where some of the heirs, without the concurrence of the others, sold a property left by their deceased father, this Court, speaking thru its then Chief Justice Cayetano Arellano, said that the sale was valid, but that effect thereof was limited to the share which may be allotted to the vendors upon the partition of the estate.   FACTS The land in question described in the appealed in the decision originally belonged to Juan Melgar. The latter died at the judicial administration of his estate was commenced in 1915 and came to a close on December 2, 1924, only. During the pendency of the said administration, that is, on July 5, 1917, Susana Melgar, daughter of the deceased Juan Melgar, sold the land with the right of repurchase to Pedro Cui, subject to the stipulation that during the period for the repurchase she would continue in poss...

MENDOZA VS. IAC, G.R. NO. L-63132, JULY 30, 1987   TOPIC/DOCTRINE Recognition or acknowledgment of a natural child under said Code must be made in a record of birth, a will, a statement before a court of record, or in some other public document.   FACTS In the case at bar, the only document presented by Modesta Gabuya to prove that she was recognized by her mother was the certificate of birth and baptism signed by Rev. Fr. Filomeno Singson, Assistant Parish Priest of Pardo, Cebu City, stating therein that Modesta Gabuya is an illegitimate daughter of Nicolasa Gabuya.   ISSUE Whether Modesta Gabuya, not having been acknowledged in the manner provided by law by her mother, Nicolasa, was entitled to succeed the latter.   RULING No. The court held that this petition must fail is a foregone conclusion. Modesta Gabuya, not having been acknowledged in the manner provided by law by her mother, Nicolasa, was not entitled to succeed the latter. The ...

BUAN VS. ALCANTARA, G.R. NO. L-59592, FEBRUARY 29, 1984   TOPIC/DOCTRINE Pendency of damage suits filed against administrators in connection with decedents’ transportation business, not a valid reason to defer settlement of estate   FACTS The glaring problem in this case is that the intestate case below, which was instituted in 1953, is still pending despite the lapse of 30 years, mainly on the proposition that damage suits filed against the administrators in connection with the land transportation business of the decedents have prevented the settlement of the estate.    ISSUE The Probate Court erred in denying closure of administration already twenty eight years long just for a few remaining pending separate damage suits against the estate arising from vehicular accidents.   RULING Yes. The court ruled that the case of Dinglasan v. Ang Chia, 88 Phil, 476 (1951), upon which respondent Court relied in denying closure, will not apply, fir...

IN RE. BALANAY VS. MARTINEZ, G.R. NO. L-39247, JUNE 27, 1975   TOPIC/DOCTRINE Although under Article ‘70 of the Civil Code the testatrix could dispose of by will only her half of the conjugal state, the conformity of the husband, made after the dissolution of the conjugal partnership by the death of the testatrix, has the effect of validating the testamentary partition of the conjugal estate, without prejudice, of course, to the rights of creditors and legitimes of the compulsory heirs.   FACTS Leodegaria Julian, in her will, partitioned her paraphernal as well as all the conjugal properties as if they were all owned by her, disposing of her husband’s one-half share, and providing that the properties should not be divided during her husband’s lifetime but should remain intact and that the legitimes should be paid in cash to be satisfied out of the fruits of the properties. Felix Balanay, Jr. filed a petition for the approval of his mother’s will which was opposed...

LANDAYAN VS. BACANI, G.R. NO. L-30455, SEPTEMBER 30, 1982   TOPIC/DOCTRINE The Supreme Court set aside the order of respondent Judge and remanded the case to be tried on the merits holding that if the petitioners’ allegation that respondent Severino is not a legal heir of Teodoro Abenojar is true, the portion of the document of partition adjudicating certain properties to him would be void. An action seeking declaration of nullity of a document does not prescribe.   FACTS Teodoro Abenojar died intestate. in 1949, private respondents Maxima Andrada, the surviving spouse of the deceased, and Severino Abenojar,representing himself as "the only forced heir and descendant" of the deceased, executed an "extra-judicial agreement of partition" adjudicating between themselves the properties of the deceased. In 1968,  Petitioners , the Landayans, filed a complaint in the Court of First Instance seeking a judicial declaration that they are legal heirs of the dece...

LOCSIN VS. CA, G.R. NO. 89783, FEBRUARY 19, 1992   TOPIC/DOCTRINE The rights to a person's succession are transmitted from the moment of his death, and do not vest in his heirs until such time .   FACTS The late Getulio Locsin had three children named Mariano, Julian and Magdalena, all surnamed Locsin. He owned extensive residential and agricultural properties in the provinces of Albay and Sorsogon. After his death, his estate was divided among his three (3) children. Those that Mariano inherited from his father, Getulio Locsin, were surveyed cadastrally and registered in the name of "Mariano Locsin, married to Catalina Jaucian.'' Mariano Locsin executed a Last Will and Testament instituting his wife, Catalina, as the sole and universal heir of all his properties. Don Mariano relied on Doña Catalina to carry out the terms of their compact, hence, nine (9) years after his death, as if in obedience to his voice from the grave, and fully cognizant that sh...

VDA. DE TUPAS VS, RTC, G.R. NO. L-65800, OCTOBER 3, 1986   TOPIC/DOCTRINE   If he does, so much of what is donated as exceeds what he can give by will is deemed inofficious and the donation is reducible to the extent of such excess, though without prejudice to its taking effect in the donor's lifetime or the donee's appropriating the fruits of the thing donated (Art. 771, Civil Code). Such a donation is, moreover, collationable that is, its value is imputable into the hereditary estate of the donor at the tune of his death for the purpose of determining the legitime of the forced or compulsory heirs and the freely disposable portion of the estate. This is true as well of donations to strangers as of gifts to compulsory heirs, although the language of Article 1061 of the Civil Code would seem to limit collation to the latter class of donations. FACTS Epifanio R. Tupas died on August 20, 1978 in Bacolod City, childless, leaving his widow, Partenza Lucerna, as his onl...

KALAW VS. IAC, G.R. NO. 74618, SEPTEMBER 2, 1992   TOPIC/DOCTRINE The settled rule is that the removal of an administrator under Section 2 of Rule 82 lies within the discretion of the Court appointing him.   FACTS The removal of petitioner as administratrix was on the ground of her failure for 6 years and 3 months from the time she was appointed as administratrix to render an accounting of her administration as required by Section 8 of Rule 85 of the Rules of Court."   ISSUE Whether the removal of the administrator is correct despite subsequent compliance.   RULING Yes.   RULING The court ruled that subsequent compliance in rendering an accounting report did not purge her of her negligence in not rendering an accounting for more than six years, which justifies petitioner’s removal as administratrix and the appointment of private respondent in her place as mandated by Section 2 of Rule 82 of the Rules of Court. As correctly stated ...

LEVISTE VS. CA, G.R. NO. 29184, JANUARY 30, 1989   TOPIC/DOCTRINE That legal provision protects the creditor of a repudiating heir. Petitioner is not a creditor of Rosa del Rosario. The payment of his fees is contingent and dependent upon the successful probate of the holographic will.   FACTS On September 7, 1963, the petitioner, a practicing attorney, entered into a written agreement with the private respondent Rosa del Rosario to appear as her counsel in a petition for probate of the holographic will of the late Maxima C. Reselva. Under the will, a piece of real property at Sales Street, Quiapo, Manila, was bequeathed to Del Rosario. It was agreed that petitioner's contigent fee would be thirty-five per cent (35%) of the property that Rosa may receive upon the probate of the will (Annex "A", p. 59, Rollo). On August 20, 1965, Leviste received a letter from Ms. Del Rosario, informing him that she was terminating his services as her counsel due to "c...

TORRES VS. LOPEZ, G.R. NO. 25966, NOVEMBER 1, 1926   TOPIC/DOCTRINE In playing the provisions of the Code it is the duty of the court to harmonize its provisions as far as possible, giving due effect to all; and in case of conflict between two provisions the more general is to be considered as being limited by the more specific.   FACTS This appeal involves a controversy over one-half of the estate of Tomas Rodriguez, decedent. The appellant, Margarita Lopez, claims said half by the intestate succession as next of kin and nearest heir; while the appellee, Luz Lopez de Bueno, claims the same by accredition and in the character of universal heir the will of the decedent. The trial court decided the point of controversy in favor of Luz Lopez de Bueno, and Margariat Lopez appealed. The facts necessary to an understanding of the case are these: On January 3, 1924, Tomas Rodriguez executed his last will and testament, in the second clause of which he declared: I in...