NON v.

CA

In this case, the partition of the property of Sps. Viado is in question, petitioner
Rebecca Viado-Non et al. is praying for the favorable decision that such property is a
co-ownership and that the partition of the properties is in order, respondents Alicia
Viado claim that it was donated to them via a deed of donation executed in their
favor

The main contention of the petitioners in questioning the deed of donation is that it
was executed with fraud when Nelia Viado fraudulently procured the signatures of
the deceased and that they were exercising undue influence and fraud in the
procurement of the same.


Issue

W/N there was fraud forgery and undue influence

No, there was no proof that there was any fraud at all, only self serving testimonies
that leave the court with no other evidences.

The inheritance which vested on the time of the death of the decedents remained
under a co-ownership regime among the heirs until partition, every act intended to
put an end to the indivision among co-heirs and legatees or devisees would be a
partition although it would purport to be a sale. An exchange, a compromise, a
donation, or an extrajudicial settlement.. the court found it to be validly executed.