In the matter of the will of the deceased Paulino Diancin.

TEOPISTA DOLAR, OLIMPIA, RITA, JOSEFINA and ROSARIO DIANCIN, vs. ROMAN
CATHOLIC BISHOP OF JARO,
68 PHIL 727 1939)

FACTS:
Paulino Diacin married Margarita Doctura with whom he had 5 children of whom 3
are alive. The 2 children who died left 3 children each.
Paulino entered into a second marriage with Teopista Dolar with whom he had 4
children. Paulino acquired certain properties during his first marriage and still others
during his second. He left a will before he died wherein he sets out all his properties
and distributes them among his widow Teopista Dolar and his heirs by both
marriages. He also left a legacy of P8,000 to be spent for the altar of the church
under construction in the Municipality of Dumangas, ordering that this be taken
from the fruits of all the properties before they are partitioned among his heirs
2 projects of partition were submitted. The first was disapproved because of the
objection of several of the heirs. The second was also disapproved because of the
objection of the representative of the church of Dumangas. The court then ordered
the administratrix, Teopista Dolar, to take possession of the properties and deliver
the legacy to the church. From this resolution Dolar and the heirs of the second
marriage appealed.

ISSUE/S:
Whether all the heirs must agree before a partition is to be effected.

HELD:
YES. Unless the widow Teopista Dolar, the heirs of the deceased by his two
marriages, the representative of the legacy for P8,000, and the creditors of the
estate, otherwise come to an agreement, the partition should be made with the
intervention of all the interested parties according to law. The procedure for the
partition of the decedents estate is as follows:
1)

All the debts and administration expenses shall first be paid.

2)
The conjugal properties of the first and second marriage shall be liquidated to
determine the corresponding share of each wife in the conjugal property.

3)
The properties of the deceased both from the first and second marriage shall
be partitioned among the heirs.
4)
The legacy to the church must be taken out of the free portion, without
impairment of the legitimes of the forced heirs
5)
The legal usufruct of the widow must be taken from the third available for
betterment
6)

Legitimes shall be distributed among the forced heirs

7)
The remainder of the free portion is to be divided among the forced heirs in
equal parts.