Testate Estate of Josefa tangco v. De Borja, G.R. No. L-28040, August 18, 1972.

25 Jul

[REYES, J.B.L., J.]


The testate estate of Josefa Tangco alone has been unsettled for more than a quarter of a century. In order to put an end to all these litigations, a compromise agreement was entered into. Tasiana assailed the validity of agreement applying the doctrine in Guevarra v. Guevarra. Jose de Borja pointed out that the Rules of Court allows the extrajudicial settlement of the estate of a deceased person regardless of whether he left a will or not.


Whether or not the heirs may enter into compromise agreement to convey their share of the inheritance even before the probate of the will.



YES. The ruling in Guevarra v. Guevara, relied by the appellant, which declared invalid a compromise agreement which disposes of the estate before probate of the will is not applicable here. Successional rights are transmitted from the moment of the death of the decedent (Art. 777). In this case, 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 JosefaTangco. The transaction was binding on both in their individual capacities, upon the perfection of the contract, even without previous authority of the Court to enter into the same.

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Posted by on July 25, 2017 in Case Digests, Civil Law, Succession


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