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Intestate Estate of the Late Vito Borromeo v. Borromeo, G.R. No. L-55000, July 23, 1987.

[GUTIERREZ, JR., J.]

FACTS

Fortunato claimed a portion of the legitime being an illegitimate son of the deceased, by incorporating a Waiver of Hereditary Rights supposedly signed by the rest of the Borromeo’s. In the waiver, of the 9 heirs relinquished to Fortunato their shares in the disputed estate. The petitioners opposed this Waiver for reason that this is without force and effect because there can be no effective waiver of hereditary rights before there has been a valid acceptance of the inheritance from the heirs who intend to transfer the same.

ISSUE

Whether or not a Waiver of Hereditary Rights can be executed without a valid acceptance from the heirs in question.

RULING

YES. The prevailing jurisprudence on waiver of hereditary rights is that “the properties included in an existing inheritance cannot be considered as belonging to third persons with respect to the heirs, who by fiction of law continue the personality of the former. The heirs succeed the deceased by the mere fact of death. More or less, time may elapse from the moment of the death of the deceased until the heirs enter into possession of the hereditary property, but the acceptance in any event retroacts to the moment of the death, in accordance with article 989 of the Civil Code. The right is vested, although conditioned upon the adjudication of the corresponding hereditary portion.

 

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

 

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