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Jose De Borja vs.

Tasiana Vda de Borja



G.R. No. L-28040, L-28568, L-28611 August 18, 1972

Facts:

Francisco de Borja filed a petition for probate of the will of his wife who died, Josefa Tangco, with the CFI
of Rizal. He was appointed executor and administrator of Hacienda Jalajala Poblacion, until he died; his son
Jose became the sole administrator. Francisco had taken a 2
nd
wife Tasiana before he died; she instituted
testate proceedings with the CFI of Nueva Ecija upon his death and was appointed special administatrix.

Jose and Tasiana entered upon a compromise agreement, which includes:

selling the Poblacion portion of the Jalajala properties situated in Jalajala,
Jose de Borja obligating himself to pay Tasiana Ongsingco Vda. de de Borja P800,000,
Tasiana Ongsingco Vda. de de Borja hereby assuming payment of that particular obligation
incurred by the late Francisco de Borja in favor of Development Bank of the Philippines,
the buyer of Jalajala "Poblacion" is hereby authorized to pay directly to Tasiana Ongsingco Vda. de
de Borja the balance of the payment due,
they mutually renounce waive any and all manner of action or actions, cause or causes of action,
suits, debts, in law or in equity, which they ever had, or now have or may have against each other,
Tasiana Ongsingco Vda. de de Borja, upon receipt of the payment under, shall deliver to the heir
Jose de Borja all the papers, titles and documents belonging to Francisco de Borja which are in
her possession

Tasiana opposed the approval of the compromise agreement. She argues that it was no valid, because the
heirs cannot enter into such kind of agreement without first probating the will of Francisco, and at the
time the agreement was made, the will was still being probated with the CFI of Nueva Ecija.

The Rizal court approved the compromise agreement, but the Nueva Ecija court declared it void and
unenforceable. Tasiana Ongsingco Vda. de de Borja appealed the Rizal Court's order of approval, while Jose
de Borja appealed the order of disapproval by the Court of First Instance of Nueva Ecija.

Issue:

W/N the compromise agreement is valid, even if the will of Francisco has not yet been probated.

Held:
YES, the compromise agreement is valid.

Tasiana Ongsingco and the Probate Court of Nueva Ecija relied on the Court's decision in Guevara vs.
Guevara. wherein the Court's majority held the view that the presentation of a will for probate is
mandatory and that the settlement and distribution of an estate on the basis of intestacy when the
decedent left a will, is against the law and public policy.

However, the doctrine of Guevara vs. Guevara is not applicable to the case at bar. There was no attempt to
settle or distribute the estate of Francisco de Borja among the heirs thereto before the probate of his will.
The clear object of the contract was merely the conveyance by Tasiana Ongsingco of any and all her
individual share and interest, actual or eventual, in the estate of Francisco de Borja and Josefa Tangco.
There is no stipulation as to any other claimant, creditor or legatee.

And as a hereditary share in a decedent's estate is transmitted or vested immediately from the moment of
the death of such causante or predecessor in interest (Civil Code of the Philippines, Art. 777) there is no
legal bar to a successor (with requisite contracting capacity) disposing of her or his hereditary share
immediately after such death, even if the actual extent of such share is not determined until the
subsequent liquidation of the estate.
In addition, as the surviving spouse of Francisco de Borja, Tasiana Ongsingco was his compulsory heir
Wherefore, her successional interest existed independent of Francisco de Borja's last will and testament
and would exist even if such will were not probated at all. Thus, the prerequisite of a previous probate of
the will, as established in the Guevara and analogous cases, cannot apply to the case of Tasiana Ongsingco
Vda. de de Borja.

The Rizal courts decision was upheld, while the contrary resolution of the Court of First Instance of Nueva
Ecija was reversed.

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