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the Valenzuela property by Rafael which she sold for not les
than Six Million Pesos (P6,000,000.00) before her gruesome
murder. Ramon pleaded for courts intervention to determine
the legality and validity of the intervivos distribution made
by deceased Rafael to his children,[11] Estrellita included. On
May 12, 1993, Ramon filed his own petition, docketed as Sp.
Proc. No. C-1699, entitled InMatter Of The Guardianship Of
Salud G. Nicolas and Ricardo G. Nicolas and averred that their
legitime should come from the collation of all the properties
distributed to his children by Rafael during his lifetime.
[12]
Ramon stated that herein petitioner is one of Rafaels
children by right of representation as the widower of deceased
legitimate daughter of Estrellita.[13]
xxxxxxxxx
On the Motion To Include Lauro G. Vizconde In Intestate
proceedings in instant case and considering the comment on
hi Manifestation, the same is hereby granted.[19]
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The centerpoint of oppositor-applicants argument is that
spouses Vizconde were then financially incapable of having
purchased or acquired for a valuable consideration the
property at Valenzuela from the deceased Rafael
Nicolas. Admittedly, the spouses Vizconde were then living
with the deceased Rafael Nicolas in the latters ancestral
home. In fact, as the argument further goes, said spouses
were dependent for support on the deceased Rafael
Nicolas. And Lauro Vizconde left for the United States in, defactoseparation, from the family for sometime and returned to
the Philippines only after the occurrence of violent deaths of
Estrellita and her two daughters.
To dispute the contention that the spouses Vizconde were
financially incapable to buy the property from the late Rafael
Nicolas, Lauro Vizconde claims that they have been engaged
compulsory heirs which fact does not obtain anent the transfer
of the Paraaque property. Moreover, Rafael, in a public
instrument, voluntarily and willfully waived any claims, rights,
ownership and participation as heir[38] in the Paraaque
property.
Fifth: Finally, it is futile for the probate court to ascertain
whether or not the Valenzuela property may be brought to
collation. Estrellita, it should be stressed, died ahead of
Rafael. In fact, it was Rafael who inherited from Estrellita an
amount more than the value of the Valenzuela property.
[39]
Hence, even assuming that the Valenzuela property may be
collated collation may not be allowed as the value of the
Valenzuela property has long been returned to the estate of
Rafael. Therefore, any determination by the probate court on
the matter serves no valid and binding purpose.
WHEREFORE, the decision of the Court of Appeals
appealed from is hereby REVERSED AND SET ASIDE.
SO ORDERED.
[2]
DECISION
PURISIMA, J.:
This is a petition for review of the decision of
the Court of Appeals, dated December 23,
1993, in CA-G.R. No. CV-35555, which set
aside the decision of Branch 52 of the
Regional Trial Court in Bacolod City, and
ordered the defendants-appellees (including
herein petitioner), as heirs of Dr. Jorge
Rabadilla, to reconvey title over Lot No. 1392,
together with its fruits and interests, to the
estate of Aleja Belleza.
[3]
"FIRST
I give, leave and bequeath the following
property owned by me to Dr. Jorge
Rabadilla resident of 141 P. Villanueva,
Pasay City:
(a) Lot No. 1392 of the Bacolod
Cadastre, covered by Transfer
Certificate of Title No. RT-4002 (10942),
which is registered in my name
according to the records of the Register
of Deeds of Negros Occidental.
(b) That should Jorge Rabadilla die
ahead of me, the aforementioned
property and the rights which I shall set
forth hereinbelow, shall be inherited and
acknowledged by the children and
spouse of Jorge Rabadilla.
xxx
FOURTH
(a)....It is also my command, in this my
addition (Codicil), that should I die and
Jorge Rabadilla shall have already
received the ownership of the said Lot
No. 1392 of the Bacolod Cadastre,
covered by Transfer Certificate of Title
No. RT-4002 (10942), and also at the
time that the lease of Balbinito G.
Guanzon of the said lot shall expire,
Jorge Rabadilla shall have the obligation
until he dies, every year to give to Maria
Marlina Coscolluela y Belleza, Seventy
(75) (sic) piculs of Export sugar and
Twenty Five (25) piculs of Domestic
sugar, until the said Maria Marlina
Coscolluela y Belleza dies.
FIFTH
(a) Should Jorge Rabadilla die, his heir
to whom he shall give Lot No. 1392 of
the Bacolod Cadastre, covered by
Transfer Certificate of Title No. RT-4002
(10492), shall have the obligation to still
give yearly, the sugar as specified in the
Fourth paragraph of his testament, to
[4]
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[11]
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