GR 42435; (December, 1935) (Digest)
G.R. No. 42435 , December 21, 1935
Estate of the deceased Manuela Perez. FLORA CASTILLO, oppositor-appellant, vs. MELECIO BOLAÑOS, as administrator of the estate of the deceased Manuela Perez, and JOVITA CASTILLE, appellees.
FACTS
The case involves the settlement of the estate of Manuela Perez. Her two heirs, Flora Castillo and Jovita Castillo, repeatedly opposed each other’s proposed partitions. To resolve the impasse, Jovita offered to pay all lawful obligations of the estate in exchange for being awarded the parcel of land in Talahiban and two-thirds of the land in Laiya as per the probated will. The court approved this proposition. The administrator subsequently presented an amended project of partition, which calculated the net legitime after deducting liabilities (including debts, expenses, mortgage redemption, and Jovita’s betterments under the will) from the estate’s assets. Flora Castillo appealed the order approving this amended project, raising ten assignments of error.
ISSUE
Whether the court erred in approving the amended project of partition despite the alleged non-payment of estate debts, the inclusion of certain liabilities, and the valuation of the net distributable assets.
RULING
The Supreme Court affirmed the appealed order. The Court held that:
1. Flora, as an heir and not a creditor, lacked standing to oppose the partition on the ground that estate debts were not yet paid or that no bond was filed by Jovita to secure payment; such objections could only be raised by the creditors themselves.
2. The inclusion of the various liability items (debts, expenses, and the P2,000 for mortgage redemption) in the project of partition was proper. The approval of Jovita’s proposition, which included bearing the redemption cost, had become final as Flora did not appeal the order approving it.
3. The valuation of the net assets (P1,638.97) was correct based on the approved values and liabilities. Flora’s claimed valuation was erroneous.
The Court reserved the right of the estate’s creditors to demand immediate payment from Jovita or require her to post a bond if payment was deferred.
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