Beruflich Dokumente
Kultur Dokumente
Ang
aking
mga
sapilitang
tagapagmana
(herederos
forzosos)
ay
ang
aking
itinuturing na mga anak na
tunay
(Hijos
legalmente
adoptados) na sina Perfecto,
Alberto, Luz, Benita at Isagani,
na pawang may apelyidong
Cruz.
xxx xxx xxx
Kung ako ay bawian ng Dios ng
buhay, ay aking ipinamamana
ang
aking
mga
ari-ariang
maiiwan,
sa
kaparaanang
sumusunod:
A.Aking ipinamamana sa aking
nabanggit na limang anak na
sina Perfecto, Alberto, Luz,
Benita at Isagani, na pawang
may
apelyidong
Cruz,
na
parepareho ang kaparti ng
bawa't isa at walang lamangan
(en
partes
iguales),
bilang
kanilang
sapilitang
mana
(legiti[ma]), ang kalahati () ng
aking kaparti sa lahat ng aming
ari-ariang gananciales ng aking
yumaong asawang Pedro Cruz
na napapaloob sa Actuacion
Especial No. 640 ng Hukumang
Unang Dulugan ng Rizal at
itinutukoy sa No. 1 ng parafo IV
ng
testamentong
ito,
ang
kalahati () ng mga lagay na
lupa at palaisdaan na nasa
Obando at Polo, Bulacan, na
namana ko sa aking yumaong
ama na si Calixto Austria, at ang
kalahati () ng ilang lagay na
lupa na nasa Tinejeros, Malabon,
Rizal, na aking namana sa
yumao kong kapatid na si Fausto
Austria.
The
phrases, "mga
sapilitang
tagapagmana" and "sapilitang
mana," were borrowed from the language
of the law on succession and were used,
respectively, to describe the class of heirs
instituted and the abstract object of the
inheritance.
They offer no absolute indication that
the decedent would have willed her estate
other than the way she did if she had
known that she was not bound by law to
make allowance for legitimes.
Her disposition of the free portion of her
estate (libre disposicion) which largely
favored the respondent Perfecto Cruz, the
latter's children, and the children of the
respondent
Benita
Cruz,
shows
a
perceptible inclination on her part to give
to the respondents more than what she
thought the law enjoined her to give to
them.
There was only a relatively small
devise of land
which the decedent had
left for her blood relatives,
including
the petitioners Consuelo Austria-Benta and
Lauro Mozo and the children of the
petitioner Ruben Austria.
Were we to exclude the respondents
Perfecto Cruz, et al. from the
inheritance, then the petitioners and
the
Assumption
of
Liabilities
(Supplemental Deed).
This instrument which constitutes a
supplement to the earlier deed of
assignment transferred ownership
over Lot No. 63, among other
properties, in favor of petitioner.
Don Julian died intestate.
On
the
strength
of
the Supplemental Deed in its favor,
petitioner sought the registration of
the subject lot in its name.
Meanwhile, Milagros Donio and her
children had immediately taken
possession over the subject lot after
the execution of the Compromise
Agreement.
They entered into a yearly lease
agreement with spouses Antonio
Balansag and Hilaria Cadayday,
respondents herein.
On Lot No. 63, respondents
temporarily established their home
and constructed a lumber yard.
Subsequently, Milagros Donio and
her children executed a Deed of
Extrajudicial Partition of Real Estate.
In the deed of partition, Lot No. 63
was allotted to Milagros Donio and
her two (2) children, Maria Evelyn
and Jose Catalino.
Unaware that the subject lot was
already registered in the name of
petitioner in 1979, respondents
bought Lot No. 63 from Milagros
Donio as evidenced by the Deed of
Absolute Sale of Real Estate.
At the Register of Deeds while trying
to register the deed of absolute sale,
respondents discovered that the lot
was already titled in the name of
petitioner. Thus, they failed to register
the deed
No.
Issue:
the Compromise
Agreement are
indicative of Don Julians desire along
this line.
Hence, the total omission from
inheritance of Don Julians heirs from
the second marriage, a requirement
for preterition to exist, is hardly
imaginable as it is unfounded.
10
purported
holographic
will,
petitioners averred that in the event
the decedent is found to have left a
will, the intestate proceedings are to
be automatically suspended and
replaced by the proceedings for the
probate of the will.
The holographic will was quoted as
follows:
11
None
Issue on disinheritance:
The document, entitled Kasulatan ng PagAalis ng Mana, unmistakably showed
Segundos intention of excluding his
eldest son, Alfredo, as an heir to his estate
for the reasons that he cited therein. In
effect, Alfredo was disinherited by
Segundo.
For disinheritance to be valid, Article 916
of the Civil Code requires that the same
must be effected through a will wherein
the legal cause therefor shall be specified.
With regard to the reasons for the
disinheritance that were stated by Segundo
in his document, the Court believes that
the incidents, taken as a whole, can be
considered a form of maltreatment of
Segundo by his son, Alfredo, and that the
matter presents a sufficient cause for the
disinheritance of a child or descendant
under Article 919 of the Civil Code.
Segundos document, although it may
initially come across as a mere
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14
Issue:
Held:
No preterition!
Their posited theory on preterition is
no longer viable. It has already been
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Petitioner's
contention
(among
others):
(C) The will of Nemesio Acain is valid
and must
therefore, be admitted to
probate. The preterition mentioned
in
Article 854 of the New Civil Code refers to
preterition of "compulsory heirs in the
direct line," and does not apply to private
respondents who are not compulsory
heirs in the direct line; their omission shall
not annul the institution of heirs
ISSUE: W/N private respondents have
been preterited.
YES - as to Virgia, the legally
adopted daughter
NO - as to Rosa, testator's widow
(not in the direct line)
(See Article 854 of the Civil Code)
Preterition consists in the omission in
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