Intestate Estate of The Late Vito Borromeo V

Intestate Estate of the Late Vito Borromeo v.
Borromeo
G.R. No. L-55000,
July 23, 1987.
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.
Petitioner argued that the document entitled " Waiver of Hereditary Rights"
executed on July 31, 1967, aside from having been cancelled and revoked on June
29, 1968, by Tomas L. Borromeo, Fortunato Borromeo and Amelia Borromeo, 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 the heirs intend to
transfer. Pursuant to Article 1043 of the Civil Code, to make acceptance or
repudiation of inheritance valid, the person must be certain of the death of the one
from whom he is to inherit and of his right to the inheritance. Since the petitioner
and her co-heirs were not certain of their right to the inheritance until they were
declared heirs, their rights were, therefore, uncertain. This view, according to the
petitioner, is also supported by Article 1057 of the same Code which directs heirs,
devicees, and legatees to signify their acceptance or repudiation within thirty days
after the court has issued an order for the distribution of the estate.
Respondent Fortunato Borromeo on the other hand, contends that under
Article 1043 of the Civil Code there is no need for a person to be first declared as
heir before he can accept or repudiate an inheritance. What is required is that he
must first be certain of the death of the person from whom he is to inherit and that
he must be certain of his right to the inheritance. He points out that at the time of
the signing of the waiver document on July 31, 1967, the signatories to the waiver
document were certain that Vito Borromeo was already dead as well as of their
rights to the inheritance as shown in the waiver document itself.
ISSUE:
Whether or not there is Waiver of Hereditary Rights
RULING
The circumstances of this case show that the signatories to the waiver
document did not have the clear and convincing intention to relinquish their rights,
Thus: (1) On October 27, 1967. Fortunato, Tomas, and Amelia Borromeo filed a
pleading entitled "Compliance" wherein they submitted a proposal for the amicable
settlement of the case. In that Compliance, they proposed to concede to all the
eight (8) intestate heirs of Vito Borromeo all properties, personal and real,
including all cash and sums of money in the hands of the Special Administrator, as
of October 31, 1967, not contested or claimed by them in any action then pending
in the Court of First Instance of Cebu. In turn, the heirs would waive and concede
to them all the 14 contested lots. In this document, the respondent recognizes and
concedes that the petitioner, like the other signatories to the waiver document, is an
heir of the deceased Vito Borromeo, entitled to share in the estate. This shows that
the "Waiver of Hereditary Rights" was never meant to be what the respondent now
purports it to be. Had the intent been otherwise, there would not be any reason for
Fortunato, Tomas, and Amelia Borromeo to mention the heirs in the offer to settle
the case amicably, and offer to concede to them parts of the estate of the deceased;
(2) On April 21 and 30, 1969, the majority of the declared heirs executed an
Agreement on how the estate they inherited shall be distributed. This Agreement of
Partition was approved by the trial court on August 15, 1969; (3) On June 29,
1968, the petitioner, among others, signed a document entitled Deed of
Assignment" purporting to transfer and assign in favor of the respondent and
Tomas and Amelia Borromeo all her (Patrocinio B. Herrera's) rights, interests, and
participation as an intestate heir in the estate of the deceased Vito Borromeo. The
stated consideration for said assignment was P100,000.00; (4) On the same date,
June 29, 1968, the respondent Tomas, and Amelia Borromeo (assignees in the
aforementioned deed of assignment) in turn executed a "Deed of Reconveyance" in
favor of the heirs-assignors named in the same deed of assignment. The stated
consideration was P50,000.00; (5) A Cancellation of Deed of Assignment and
Deed of Reconveyance was signed by Tomas Borromeo and Amelia Borromeo on
October 15, 1968, while Fortunato Borromeo signed this document on March 24,
1969.

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Intestate Estate of the Late Vito Borromeo v.

Fortunato claimed a portion of the legitime being an illegitimate son of the

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