Case Digest (G.R. No. L-24561)
Facts:
- Case: "Dizon-Rivera v. Dizon" (G.R. No. L-24561)
- Date: Decided on June 30, 1970
- Justice: Teehankee
- Subject: Estate of Agripina J. Valdez
- Death: January 28, 1961, Angeles, Pampanga
- Heirs: Six legitimate children and one legitimate granddaughter
- Will: Executed on February 2, 1960, in Pampango dialect
- Estate Value: P1,801,960.00
- Executors: Marina Dizon-Rivera (appointed executrix)
- Lower Court: Approved executrix's project of partition
- Oppositors: Estela, Tomas, Bernardita, Angelina, Josefina, and Lilia Dizon
- Contest: Testamentary dispositions should be reduced to the free portion and legitime received in real properties, not cash
Issue:
- (Unlock)
Ruling:
- Partition by Will: The testamentary dispositions were a valid partition of the estate and must be respected as long as they do not prejudice the legitime of the compulsory heirs.
- Legitime Completion: Appellants are only entitled to demand completion of their legitime under Article 906, not to receive both the devise and their legitime.
- Cash Payment...(Unlock)
Ratio:
- Testatrix's Intentions: The intentions and wishes of the testatrix, as expressed in her will, are the fixed law of interpretation.
- Valid Partition: The will commanded the property division according to her testamentary dispositions, constituting a valid partition under Article 1080 of the Civil Code.
- Respecting Legitime: The partition must be respected if it does not impair the legitime of the compulsory heirs.
- Project of Partition: The executrix's project complied by adjudicating properties as specified in the will and providing cash adjustments to complete impaired legitimes.
- Rejection of Counter-Project: The counter-project proposed by the oppositors would result in intestacy distribution, contrary to the testatrix's intentions.
- Practical Solution: Upholding cash payments to meet non-impairment of legit...continue reading
Case Digest (G.R. No. L-24561)
Facts:
The case "Dizon-Rivera v. Dizon" (G.R. No. L-24561) was decided on June 30, 1970, by the Supreme Court of the Philippines, with Justice Teehankee as the ponente. The case involves the estate of Agripina J. Valdez, a widow who passed away on January 28, 1961, in Angeles, Pampanga. She was survived by seven compulsory heirs: six legitimate children (Estela Dizon, Tomas V. Dizon, Bernardita Dizon, Marina Dizon-Rivera, Angelina Dizon, and Josefina Dizon) and a legitimate granddaughter (Lilia Dizon). Marina Dizon-Rivera, one of the legitimate children, was appointed as the executrix of the estate. The testatrix left a last will and testament executed on February 2, 1960, written in the Pampango dialect, which was admitted to probate on March 13, 1961. The will divided her estate, appraised at P1,801,960.00, among her heirs, including seven other legitimate grandchildren. The lower court approved the executrix's project of partition, which was contested by the oppositors-appellants (Estela, Tomas, Bernardita, Angelina, Josefina, and Lilia Dizon), who proposed a counter-project of partition. The oppositors argued that the testamentary dispositions should be reduced to the free portion of the estate and that they should receive their legitime in real properties rather than cash.
Issue:
- Are the testamentary dispositions made in the testatrix's will in the nature of devises imputable to the free portion of her estate, and therefore subject to re...