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DIZON
G.R. No. L-24561 June 30 1970 Ponente Author’s surname
petitioners Marina Dizon-Rivera
respondents Estella Dizon, Tomas Dizon, Bernardita Dizon, Josefina Dizon, Angelina Dizon, Lilia Dizon
summary Valdez died with 7 compulsory heirs. She left a will, which gave to each compulsory heir
specific properties of her estate, but leaving more for Marina and Tomas compared to the
others. Marina was named executor and she submitted a partition plan which will
distribute properties to the compulsory heirs in accordance with the will but would
deduct from Marina and Tomas’ properties any amount that would impair the legitimes
of the others. The others opposed this of course, but the Court granted the project of
partition. The intention of the testator, when it is clear, is the law that must be complied
with and if it does not impair the legitime then it should be followed. Here, there was no
need to challenge the distribution since the partition already gave for the method of how
the legitimes will be satisfied. Neither can there be collation in the case at hand since the
deceased did not donate any property inter vivos.
issue
W/N the last will of the deceased is to be considered controlling in this case. YES
Ratio
1
- Articles 788 and 791 provide that “If a testamentary disposition admits of different interpretations, in
case of doubt, that interpretation by which the disposition is to be operative shall be preferred and
“The words of a will are to receive an interpretation which will give to every expression some effect,
rather than one which will render any of the expressions inoperative; and of two modes of interpreting
a will, that is to be preferred which will prevent intestacy
- The testator’s wishes and intention constitute the first and principal law in the matter of testaments.
When expressed clearly in the last will, the intentions amount to the only law whose mandate must
imperatively be faithfully obeyed and complied with.
- In this case, there was a valid PARTITION in accordance with Article 1080 which states that “Should a
person make a partition of his estate by an act inter vivos or by will, such partition shall be respected,
insofar as it does not prejudice the legitime of the compulsory heirs
o As applied, the oppistors were adjudicated the properties respectively distributed and assigned
to them by the decedent in her will and the differential to complete their legitimes were taken
from the cash and properties of Marina and Tomas who were obviously favored by the
decedent in her will.
- A partition legally made confers upon each heir the exclusive ownership of the property adjudicated t
him,