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    Heirs of Ignacio Conti V CA

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    Mareja Arellano
    The heirs of Lourdes Sampayo, who died intestate, filed an action for partition and damages of a lot co-owned by Lourdes and Ignacio Conti. Ignacio's wife refused the partition, arguing that settlement of Lourdes' estate was required first. However, the Supreme Court ruled that settlement of the estate is not a condition precedent for such an action. Upon Lourdes' death, her rights as co-owner, including the right to partition, were immediately transmitted to her heirs. This was a simple case of partition between co-owners that did not require prior estate settlement.

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    Heirs of Ignacio Conti V CA

    Uploaded by

    Mareja Arellano
    84 views2 pages
    The heirs of Lourdes Sampayo, who died intestate, filed an action for partition and damages of a lot co-owned by Lourdes and Ignacio Conti. Ignacio's wife refused the partition, arguing that settlement of Lourdes' estate was required first. However, the Supreme Court ruled that settlement of the estate is not a condition precedent for such an action. Upon Lourdes' death, her rights as co-owner, including the right to partition, were immediately transmitted to her heirs. This was a simple case of partition between co-owners that did not require prior estate settlement.

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    The heirs of Lourdes Sampayo, who died intestate, filed an action for partition and damages of a lot co-owned by Lourdes and Ignacio Conti. Ignacio's wife refused the partition, arguing that settlement of Lourdes' estate was required first. However, the Supreme Court ruled that settlement of the estate is not a condition precedent for such an action. Upon Lourdes' death, her rights as co-owner, including the right to partition, were immediately transmitted to her heirs. This was a simple case of partition between co-owners that did not require prior estate settlement.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    84 views2 pages

    Heirs of Ignacio Conti V CA

    Uploaded by

    Mareja Arellano
    The heirs of Lourdes Sampayo, who died intestate, filed an action for partition and damages of a lot co-owned by Lourdes and Ignacio Conti. Ignacio's wife refused the partition, arguing that settlement of Lourdes' estate was required first. However, the Supreme Court ruled that settlement of the estate is not a condition precedent for such an action. Upon Lourdes' death, her rights as co-owner, including the right to partition, were immediately transmitted to her heirs. This was a simple case of partition between co-owners that did not require prior estate settlement.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Heirs of Ignacio Conti and Rosario Cuario v.

    Court of Appeals
    G.R. No. 118464; Decemebr 21, 1998

    Arellano, Mareja Aña G.


    Bar Question:

    Lourdes and Ignacio were co-owners of a lot. Lourdes died intestate without issue, to which, her
    collateral relatives filed an action for partition and damages. The wife of Ignacio refused on the
    ground that they failed to prove that they are the rightful heirs of Lourdes. Alleging also that her
    husband, Ignacio, paid for Real Property Taxes with an agreement that Lourdes would leave her share
    of the property to the spouses, however, failed to present a will to substantiate such claim. She further
    argued that a complaint for partition to claim a supposed share of the deceased co-owner cannot
    prosper without prior settlemet of the latter’s estate. Is the wife of Ignacio correct?

    Suggested Answer:

    No, settlement of the estate is not a condition precedent before any action pertaining to the
    deceased commences.

    Article 494 provides that no co-owner shall be obliged to remain in the co-ownership. Likewise,
    Article 777 provides that the rights to the succession are transmitted from the moment of the
    death of the decedent. Conformably with Arts. 777 and 494 of the Civil Code, from the death of
    Lourdes, her rights as a co-owner, incidental to which is the right to ask for partition at any
    time or to terminate the co-ownership, were transmitted to her rightful heirs.

    In demanding partition, the heirs merely exercised the right originally pertaining to the
    decedent, their predecessor-in-interest. This is a simple case of ordinary partition between co-
    owners. The title to the property owned by a person who dies intestate passes at once to his
    heirs. Such transmission is, under the present law, subject to the claims of administration and
    the property may be taken from the heirs for the purpose of paying debts and expenses, but
    this does not prevent an immediate passage of the title, upon the death of the intestate, from
    himself to his heirs. Therefore, prior settlement of estate is not a condition precedent before
    any action pertaining to the deceased commences.

    Case Digest

    FACTS Lourdes Sampayo and Ignacio Conti, married to Rosario Cuario, were the co-owners of a
    lot in Lucena City. Lourdes died intestate without issue. Private respondents, claiming to be the
    collateral relatives of the deceased Lourdes, filed an action for partition and damages. Conti
    refused the partition on the ground that private respondents failed to produce any document
    to prove that they were the rightful heirs of Lourdes. Ignacio died and was substituted as party
    defendant by his children. During the trial, private respondents presented Lydia Sampayo Reyes
    and Adelaida Sampayo to prove that they were the collateral heirs of the deceased Lourdes
    Sampayo and therefore entitled to her rights as co-owner of the subject lot. Private respondent,
    Lydia Sampayo presented an original copy of her certificate of live birth to prove that she was
    one of the nieces of Lourdes and daughter of Josefina Sampayo. Josefina, is the only living sibling
    of Lourdes. Lydia also testified that the other siblings of Lourdes were Remedios, Luis and Manuel
    and are deceased. She presented their baptismal certificates together with the birth certificate of
    Manuel. The baptismal certificates were presented in lieu of the birth certificates because the Office
    of the Civil Registry was burned and all records were totally burned. Adelaida Sampayo testified that
    she was the spouse of Manuel, the brother of deceased Lourdes . Rosario claimed that the late
    Ignacio Conti paid for real property taxes of the property and spend for necessary repairs and
    improvements because of their agreement that Lourdes would leave her share of the property
    to them. No will was presented by petitioners to substantiate this claim. Petitioners argue that
    a complaint for partition to claim a supposed share of the deceased co-owner cannot prosper
    without prior settlement of the latter’s estate.

    ISSUE Was petitioner correct in stating that settlement of the estate is a condition precedent
    before the commencement of any action pertaining to the deceased?

    RULING No. Prior settlement of estate is not a condition precedent before the commencement of
    any action pertaining to the deceased. Article 494. No co-owner shall be obliged to remain in the
    co-ownership. Each co-owner may demand at any time the partition of the thing owned in
    common, insofar as his share is concerned. Nevertheless, an agreement to keep the thing
    undivided for a certain period of time, not exceeding ten years, shall be valid. This term may be
    extended by a new agreement. A donor or testator may prohibit partition for a period which
    shall not exceed twenty years. Neither shall there be any partition when it is prohibited by law.
    No prescription shall run in favor of a coowner or co-heir against his co-owners or co-heirs so
    long as he expressly or impliedly recognizes the co-ownership

    Article 777. The rights to the succession are transmitted from the moment of the death of the
    decedent Conformably with Arts. 777 and 494 of the Civil Code, from the death of Lourdes
    Sampayo her rights as a co-owner, incidental to which is the right to ask for partition at any
    time or to terminate the co-ownership, were transmitted to her rightful heirs. In demanding
    partition private respondents merely exercised the right originally pertaining to the decedent,
    their predecessor-in-interest. small value. Petitioners' theory as to the requirement of publication
    would have been correct had the action been for the partition of the estate of Lourdes Sampayo,
    or if we were dealing with extrajudicial settlement by agreement between heirs and the summary
    settlement of estates of But what private respondents are pursuing is the mere segregation of
    Lourdes' onehalf share which they inherited from her through intestate succession. This is a
    simple case of ordinary partition between co-owners. The title to the property owned by a
    person who dies intestate passes at once to his heirs. Such transmission is, under the present
    law, subject to the claims of administration and the property may be taken from the heirs for
    the purpose of paying debts and expenses, but this does not prevent an immediate passage of
    the title, upon the death of the intestate, from himself to his heirs. Therefore, prior settlement of
    estate is not a condition precedent before the commencement of any action pertaining to the
    deceased

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