Case Digest (G.R. No. L-24561)
Facts:
In MARINA DIZON-RIVERA v. ESTELA DIZON, TOMAS V. DIZON, BERNARDITA DIZON, JOSEFINA DIZON, ANGELINA DIZON AND LILIA DIZON (G.R. No. L-24561, June 30, 1970), Agripina J. Valdez, a widow, died on January 28, 1961, in Angeles, Pampanga, leaving seven compulsory heirs—her six children and one grandchild—and seven other grandchildren. She executed her last will on February 2, 1960, in the Pampango dialect, directing that her estate be divided according to specific adjudications among her heirs. The will was admitted to probate on March 13, 1961, and Marina Dizon-Rivera was appointed executrix. A court-appointed commissioner appraised the estate at P1,811,695.60, fixing each compulsory heir’s legitime at P129,362.11. The testatrix had bequeathed nearly all her properties to her heirs, with Marina receiving P1,148,063.71 and others smaller amounts, some below their legitime. On February 5, 1964, the executrix filed a partition project to allocate the devised properties and to complete tCase Digest (G.R. No. L-24561)
Facts:
- Background
- On January 28, 1961, Agripina J. Valdez (a widow) died in Angeles, Pampanga, survived by six children—Estela, Tomas V., Bernardita, Marina (executrix‐appellee), Angelina and Josefina—and one granddaughter Lilia (child of predeceased son).
- Testatrix executed her last will on February 2, 1960 (in Pampango dialect), disposing of virtually her entire estate (appraised at ~P1.8 million) among the seven compulsory heirs and eight other legitimate grandchildren.
- Probate and Appraisal
- March 13, 1961: Will admitted to probate in CFI Pampanga; Marina Dizon‐Rivera appointed executrix, bond posted, and letters testamentary issued.
- Commissioner’s appraisal (approved December 12, 1963) valued the estate at P1,811,695.60; each compulsory heir’s legitime fixed at P129,362.11 (1/7 of one‐half of the estate).
- Partition Projects
- Executrix’s project (February 5, 1964):
- Adjudicated to each heir the real properties devised in the will.
- Completed the legitimes of those who received less than P129,362.11 by taking differential in cash/properties from Marina and Tomas (who had over-received).
- Left grandchildren’s bequests intact.
- Oppositors’ counter-project (February 14, 1964):
- Proposed proportional reduction of all testamentary devises to one‐half of the estate (P905,534.78).
- Treated the other half as compulsory heirs’ legitimes, to be divided equally (P129,362.11 each).
- Adjudicated properties plus cash to complete shares; grandchildren’s reduced shares to be reimbursed.
- Lower Court Decision and Appeal
- CFI Pampanga approved executrix’s partition, citing Arts. 906–907 (completion of legitime) and Art. 1080 (respect partition by will) and rejecting intestacy approach.
- Ordered cash adjustments (P230,552.38) by Marina to five co-heirs.
- Oppositors appealed contesting nature of dispositions, extent of entitlement, and form of satisfaction.
Issues:
- Nature of Testamentary Dispositions
- Are the testatrix’s assignments mere devises imputable to the free portion and subject to reduction?
- Extent of Heirs’ Entitlement
- Are appellants entitled to the devise plus their legitime (Art. 1063), or only to demand completion of legitime (Art. 906)?
- Form of Satisfaction
- May appellants be compelled to accept cash payment for their legitime instead of designated real properties?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)