Beruflich Dokumente
Kultur Dokumente
Barreto-Datu
REYES V. BARRETTO-DATU, 19 SCRA 85 (1967)
FACTS: Bibiano Barretto was married to Maria Gerardo. During their lifetime
they acquired a vast estate, consisting of real properties in Manila,
Pampanga, and Bulacan.
1. WhenBibianoBarrettodiedonFebruary18,1936,intheCity
ofManila,helefthisshareofthesepropertiesinawill
toSaludBarretto(Salud),motherofplaintiff'swards,and
Lucia Milagros Barretto (Milagros) and a small portion as
legaciestohistwosistersRosaBarrettoandFelisaBarretto
and his nephew and nieces. The usufruct of the fishpond
situated in barrio San Roque, Hagonoy, Bulacan, above
mentioned, however, was reserved for his widow, Maria
Gerard. In the meantime, Maria Gerardo was appointed
administratrix.Byvirtuethereof,shepreparedaprojectof
partition,whichwassignedbyherinherownbehalfandas
guardian of the minor Milagros Barretto. Said project of
partition was approved by the Court of First Instance of
Manila.Thedistributionoftheestateandthedeliveryof
the shares of the heirs followed. As a consequence,
SaludBarretto took immediate possession of her share and
secured the cancellation of the original certificates of
titleandtheissuanceofnewtitlesinherownname.
2. Maria Gerardo died and upon her death, it was discovered
that she executed two will. In the first will, she
institutedSaludandMilagrosasherheirs. Inthesecond
will,sherevokedthesameandleftallherpropertiesin
favourofMilagrosalone. Thelaterwillwasallowedand
thefirstrejected.
HELD: NO
1. SaludBarrettoadmittedlyhadbeeninstitutedasanheirin
thelateBibianoBarretto'slastwillandtestamenttogether
with defendant Milagros; hence, the partition had between
themcouldnotbeonesuchhadwithapartywhowasbelieved
tobeanheirwithoutreallybeingone,andwasnotnulland
void under said article. The legal precept (Article 1081)
does not speak of children, or descendants, but of
heirs(without distinction between forced, voluntary or
intestateones),andthefactthatSaludhappenednottobe
adaughterofthetestatordoesnotprecludeherbeingone
of the heirs expressly named in his testament; for
BibianoBarrettowasatlibertytoassignthefreeportionof
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