Beruflich Dokumente
Kultur Dokumente
Medina
Special Proceedings Sec 1, Rule 90 1960 Reyes, J.B.L., J.
SUMMARY
Veronica Medina died intestate. Heirs of the deceased filed a moation for partial
partition and distribution, which the court granted. Gatmaitan (husband of Veronica)
filed a motion of consideration stating that he has not agreed to the partial
distribution. The SC ruled that the Partial Partition and Distribution was not proper
since no bond was fixed by the lower court as a condition precedent to the partial
distribution in violation of Rule 90, Sec 1.
FACTS
RATIO
No bond was fixed by the court as a condition precedent to the partial distribution in
violation of Rule 90, Sec 1.
No distribution shall be allowed until the payment of the obligations above mentioned
has been made or provided for, unless the distributees or any of them, give a bond, in
the sum to be fixed by the court, conditioned for the payment of said obligations
within such time as the courts directs.”
The bond required by the Rules is not solely for the protection of the heirs then
appearing, but also for the benefit of creditors and subsequent claimants who have
not agreed to the advances.
FALLO
Wherefore, the order of partial distribution appealed from is set aside, without
prejudice to the issue of another order after strict compliance with the Rules of Court.
The records are ordered remanded to the lower court for further proceedings. Costs
against appellees.