CASE # 18

G.R. No. L-41171 July 23, 1987

INTESTATE ESTATE OF THE LATE VITO
ORRO!EO, "ATROCINIO ORRO!EO-
HERRERA, petitioner,
vs.
FORT#NATO ORRO!EO $%& HON. FRANCISCO ".
#RGOS, Ju&'( o) *+( Cou,* o) F-,.* I%.*$%/( o)
C(0u, ,$%/+ II, respondents.
Vito Borromeo, a widower, died on March 13, 1952,
at the age of 88 years, without forced heirs ut
!eaving e"tensive properties in the province of #eu.
$!! his rothers and sisters predeceased him.
%n $pri! 19, 1952, JOSE J#N1#ERA fi!ed a petition
for the proate of a one page document as the !ast
wi!! and testament, devising a!! his properties to
&omas, 'ortunato and $me!ia (a!! surnamed
Borromeo), in e*ua! and undivided shares and
designating +un*uera as e"ecutor.
%ppositions to the proate of the wi!! were fi!ed. %n
May 28, 19,-, the proate court he!d that the
document presented as *+( 2-ll o) *+( &(/($.(&
2$. $ )o,'(,y. &he decision was affirmed upon
appea!.
T+( *(.*$*( 3,o/((&-%'. 2$. /o%4(,*(& -%*o $%
-%*(.*$*( 3,o/((&-%'.. .evera! parties came efore
the court fi!ing c!aims or petitions a!!eging
themse!ves as heirs of the intestate estate of Vito
Borromeo.
%n $pri! 1-, 19,9, the tria! court issued an order
dec!aring the fo!!owing, to the e"c!usion of a!! others,
as the INTESTATE HEIRS OF THE 5ECEASE5
VITO ORRO!EO 6 +ose #uenco Borromeo, +udge
#rispin Borromeo, Vita!iana Borromeo, /atrocinio
Borromeo 0errera, .a!ud Borromeom $suncion
Borromeo, Marcia! Borromeom $me!inda Borromeo
de &a!am, and, &he heirs of #anuto Borromeo.
- &he court a!so ordered that the assets of the
intestate estate of Vito Borromeo sha!! e
divided into 129 and 529 groups and distriuted in
e*ua! and e*uita!e shares among the 9
dec!ared intestate heirs.
%n $ugust 25, 1932, respondent FORT#NATO
ORRO!EO fi!ed a motion to e dec!ared as one of
the heirs of the deceased, a!!eging that he is an
i!!egitimate son and that he was omitted in the
dec!aration of heirs.
- $s an ac4now!edged i!!egitimate chi!d, he stated
that he was entit!ed to a !egitime e*ua! in every
case to four5fifths of the !egitime of an
ac4now!edged natura! chi!d.
- 'inding that the motion of 'ortunato Borromeo
was a!ready arred y the order of the court
dated $pri! 1-, 19,9, the court dismissed the
motion.
'ortunato fi!ed a motion for reconsideration. 6n the
memorandum he sumitted, 'ortunato changed the
asis for his c!aim to a portion of the estate. 0e
asserted and incorporated a 7AIVER OF
HERE5ITAR8 RIGHTS 97:31:19;7<. 6n the waiver,
five of the nine heirs re!in*uished to 'ortunato their
shares in the disputed estate.
"ETITIONER=S CONTENTION6 &he tria! court,
acting as a proate court, had no 7urisdiction to ta4e
cogni8ance of the c!aim9 'ortunato is estopped from
asserting the waiver agreement9 that the waiver
agreement is void as it was e"ecuted efore the
dec!aration of heirs9 that the same is void having
een e"ecuted efore the distriution of the estate
and efore the acceptance of the inheritance9 and
that it is void ab initio and ine"istent for !ac4 of
su7ect matter.
- &he :;aiver of 0ereditary <ights: has een
cance!!ed and revo4ed on +une 29, 19,8, y
&omas =. Borromeo, 'ortunato Borromeo and
$me!ia Borromeo, is without force and effect
ecause there can e no effective waiver of
hereditary rights efore there has een a va!id
acceptance of the inheritance the heirs intend to
transfer. /ursuant to $rtic!e 1-13 of the #ivi!
#ode, to ma4e acceptance or repudiation of
inheritance va!id, the person must e certain of
the death of the one from whom he is to inherit
and of his right to the inheritance. .ince the
petitioner and her co5heirs were not certain of
their right to the inheritance unti! they were
dec!ared heirs, their rights were, therefore,
uncertain.
RES"ON5ENT=S CONTENTION> ?nder $rtic!e
1-13 of the #ivi! #ode there is no need for a person
to e first dec!ared as heir efore he can accept or
repudiate an inheritance. ;hat is re*uired is that he
must first e certain of the death of the person from
whom he is to inherit and that he must e certain of
his right to the inheritance. 0e points out that at the
time of the signing of the waiver document on +u!y
31, 19,3, the signatories to the waiver document
were certain that Vito Borromeo was a!ready dead
as we!! as of their rights to the inheritance as shown
in the waiver document itse!f.
%n @ecemer 21, 1931, the tria! court conc!uding
that the five dec!ared heirs who signed the waiver
agreement assigning their hereditary rights to
'ortunato Borromeo had !ost the same rights,
dec!ared the !atter as entit!ed to 529 of the estate of
Vito Borromeo.
ISS#E> ;hether or not the ;aiver of 0ereditary <ights
e"ecuted in 3231219,3 is va!id as to entit!e 'ortunato to
the estate of VitoA
R#LING6
&he heirs cou!d waive their hereditary rights in 19,3
even if the order to partition the estate was issued
on!y in 19,9.
- 6n O.o,-o 4. O.o,-o and 8%/+$u.*- S*($>.+-3
Co., the #ourt he!d> &he properties inc!uded in an
e"isting inheritance cannot e considered as
e!onging to third persons with respect to the
heirs, who y fiction of !aw continue the
persona!ity of the former. Bor do such properties
have the character of future property, ecause
the +(-,. $/?u-,( $ ,-'+* *o .u//(..-o% ),o>
*+( >o>(%* o) *+( &($*+ o) *+( &(/($.(&
($rtic!e ,53 and app!ied y $rtic!e ,,1), *+( +(-,.
.u//((& *+( &(/($.(& 0y *+( >(,( )$/* o)
&($*+. More or !ess, time may e!apse from the
moment of the death of the deceased unti! the
heirs enter into possession of the hereditary
property, 0u* *+( $//(3*$%/( -% $%y (4(%*
,(*,o$/*. *o *+( >o>(%* o) *+( &($*+ ($rtic!e
989). T+( ,-'+* -. 4(.*(&, $l*+ou'+
/o%&-*-o%(& u3o% *+( $&@u&-/$*-o% o) *+(
/o,,(.3o%&-%' +(,(&-*$,y 3o,*-o%.
0owever, the purported :;aiver of 0ereditary
<ights: cannot e considered to e effective.
- 'or a waiver to e"ist, three e!ements are
essentia!> (1) the e"istence of a right9 (2) the
4now!edge of the e"istence thereof9 and (3) an
intention to re!in*uish such right.
- &he intention to waive a right or advantage must
e shown c!ear!y and convincing!y, and when the
on!y proof of intention rests in what a party does,
his act shou!d e so manifest!y consistent with,
and indicative of an intent to, vo!untari!y
re!in*uish the particu!ar right or advantage that no
other reasona!e e"p!anation of his conduct is
possi!e.
&he circumstances of this case that the signatories
to the waiver document did not have the c!ear and
convincing intention to re!in*uish their rights, &hus>
- (1) %n %ctoer 23, 19,3, 'ortunato, &omas, and
$me!ia Borromeo fi!ed a p!eading entit!ed
:#omp!iance: wherein they sumitted a proposa!
for the amica!e sett!ement of the case. 6n this
document, the respondent recogni8es and
concedes that the petitioner is an heir of the
deceased Vito Borromeo, entit!ed to share in the
estate. &his shows that the :;aiver of 0ereditary
<ights: was never meant to e what the
respondent purports it to e. 0ad the intent een
otherwise, there wou!d not e any reason for
'ortunato, &omas, and $me!ia Borromeo to
mention the heirs in the offer to sett!e the case
amica!y, and offer to concede to them parts of
the estate of the deceased
- (2) %n $pri! 21 and 3-, 19,9, the ma7ority of the
dec!ared heirs e"ecuted an $greement on how
the estate they inherited sha!! e distriuted. &he
$greement of /artition was approved y the tria!
court on $ugust 15, 19,9.
- (3) %n +une 29, 19,8, the petitioner signed a
document entit!ed @eed of $ssignment purporting
to transfer and assign in favor of the respondent
and &omas and $me!ia Borromeo a!! her
(/atrocinio B. 0erreraCs) rights, interests, and
participation as an intestate heir in the estate of
the deceased Vito Borromeo.
- (1) %n +une 29, 19,8, the respondent &omas,
and $me!ia Borromeo (assignees in the deed of
assignment) in turn e"ecuted a @eed of
<econveyance in favor of the heirs5assignors
named in the same deed of assignment. &he
stated consideration was /5-,---.--9
- (5) $ #ance!!ation of @eed of $ssignment and
@eed of <econveyance was signed y &omas
Borromeo and $me!ia Borromeo on %ctoer 15,
19,8, whi!e 'ortunato Borromeo signed this
document on March 21, 19,9.
ISS#E OF J#RIS5ICTION> &he tria! court had
7urisdiction to pass upon the va!idity of the waiver
agreement. 6n .pecia! /roceedings Bo. 91,5< the
!ower court disa!!owed the proate of the wi!! and
dec!ared it as fa4e. ?pon appea!, the #ourt affirmed
the decision of the !ower court. .use*uent!y,
severa! parties came efore the !ower court fi!ing
c!aims or petitions a!!eging themse!ves as heirs of
the intestate estate of Vito Borromeo. &here is no
impediment to the tria! court in e"ercising 7urisdiction
and trying the said c!aims or petitions. Moreover, the
7urisdiction of the tria! court e"tends to matters
incidenta! and co!!atera! to the e"ercise of its
recogni8ed powers in hand!ing the sett!ement of the
estate.
ACO!!ENT6 Bwisit Dtong case na Dto. $ng
haaEtapos 4onti !ang ung 4ai!angan. /ero to
summari8e the cases that were conso!idated> (1)
F.<. Bo. 111319 (2) F.<. Bo. 55---> 6ssues are
simi!ar to the issues raised in F.<. Bo. 111319 the
supposed waiver of hereditary rights cannot e
va!idated. &he essentia! e!ements of a waiver,
especia!!y the c!ear and convincing intention to
re!in*uish hereditary rights, are not found in this
case9 (3) F.<. Bo. ,2895> 'or the termination and
c!osure of .pecia! /roceedings Bo. 91,5<9 pending
motions to compe! petition as co5administrator to
sumit an inventory9 (1) F.<. Bo. ,5995> Matter of
attorneyCs fees9 (5) F.<. Bo. ,3818> <espondents
+ose #uenco Borromeo and /etra %. Borromeo fi!ed
a motion for inhiition in the #'6 of #eu, presided
over y +udge 'rancisco /. Burgos to inhiit the
7udge from further acting in .pecia! /roceedings Bo.
91,5<9 (,) F.<. Bo. ,5995> &he petitioners see4 to
restrain the respondents from further acting on any
and a!! incidents in .pecia! /roceedings Bo. 91,5<
during the pendency of this petition and Bo. ,3818.B