IN RE: INTESTATE ESTATE OF THE LATE PIO DURAN

In 1961, Pio Duran died intestate in Albay. Among his alleged heirs are Josefina Duran, as
surviving spouse, several brothers and sisters, nephews and nieces. In 1962, one of the
surviving brothers Cipriano Duran executed a deed of assignment, renouncing his hereditary
rights in favor of Josefina, for consideration of P2, 500. In 1963, Cipriano petitioned for the
intestate proceedings to settle Pios estate and asking the court to appoint him as
administrator, which was granted. This was opposed by Josefina on the basis that Cipriano is
not an interested person having renounced and assigned his rights. In his reply, Cipriano
claimed that Josefina was not the wife of Pio, and the deed of assignment was procured through
fraud. Cipriano was joined by his brother Miguel.
The CFI (RTC) dismissed Ciprianos petition for lack of interest in the estate premised on his
deed of assignment and renunciation.
ISSUE: Whether or not a deed of assignment divests an heir of interest in the estate
Ruling: Yes, the Supreme Court ruled that an assigning heir cannot initiate a settlement
proceedings for until the deed of assignment is annulled or rescinded, it is deemed valid and
effective against him, so that he is left without that interest in the estate. The proper remedy
is to annul or to rescind the deed of assignment if attended with fraud, lesion or inadequate
price.