Beruflich Dokumente
Kultur Dokumente
JURISPRUDENCE ON
PARTITION
316 SCRA 632
PABLO RALLA,petitioner,
vs. WON the extrajudicial partition of the 63
HON.ROMULO P.UNTALAN, HON.
DOMINGO CORONEL REYES, parcels made after the filing of the petition for
AND LEONIE RALLA,PETER
RALLA AND MARINELLA RALLA, the probate of the Will, and before said Will
respondents.
was probated is NULL
RULING
The rule is that there can be no valid partition
among the heirs till after the will has been
probated. This, of course, presupposes that the
properties to be partitioned are the same
PABLO RALLA,petitioner, properties embraced in the will. Thus the rule
vs.
HON.ROMULO P.UNTALAN, HON. invoked is inapplicable in this instance where
DOMINGO CORONEL REYES,
AND LEONIE RALLA,PETER there are two separate cases (Civil Case No.
RALLA AND MARINELLA RALLA, 2023 for partition, and Special Proceedings No.
respondents.
564 originally for the probate of a will), each
involving the estate of a different person (Paz
Escarella and Rosendo Ralla, respectively)
comprising dissimilar properties.
G.R. No. 121157. July 31, 1997
HEIRS OF MANINGDING
VS
COURT OF APPEALS
FACTS
Roque, together with Juan Maningding, Maria Maningding and
Segunda Maningding were the surviving children of Ramon Bauzon
y Untalan who died intestate in 1948. According to petitioners,
Roque Bauzon repudiated the co-ownership over the sugarland in
1965 and adjudicated it to himself, and that in 1970 Juan and Maria
Maningding renounced and quitclaimed their shares over the
riceland in favor of Roque Bauzon by virtue of an Affidavit of
Quitclaim and Renunciation. Subsequently, Roque Bauzon
HEIRS OF MANINGDINGVS
COURT OF APPEALS transferred the riceland to his son Luis Bauzon and the sugarland to
his daughter Eriberta Bauzon, both transactions being evidenced by
deeds of sale.
HEIRS OF MANINGDINGVS
COURT OF APPEALS W/N the properties are acquired by Roque
Buanzon by virtue of acquisitive prescription
RULING