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Vizconde Vs CA

This document summarizes a Supreme Court case from 1998 regarding whether collation was proper. It describes that Estrellita Vizconde purchased land from her father Rafael and later sold it, using the proceeds to buy a new property. After Estrellita and her daughters were killed, Rafael's heirs claimed their legitime should include the new property. However, the Supreme Court ruled collation of the new property was improper because it was acquired through the sale of the original land, not a gratuitous transfer, and Rafael waived claims to the new property.

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Kristine Joy
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997 views1 page

Vizconde Vs CA

This document summarizes a Supreme Court case from 1998 regarding whether collation was proper. It describes that Estrellita Vizconde purchased land from her father Rafael and later sold it, using the proceeds to buy a new property. After Estrellita and her daughters were killed, Rafael's heirs claimed their legitime should include the new property. However, the Supreme Court ruled collation of the new property was improper because it was acquired through the sale of the original land, not a gratuitous transfer, and Rafael waived claims to the new property.

Uploaded by

Kristine Joy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Vizconde vs.

Court of Appeals
G.R. No. 118449. February 11, 1998

Facts:

Lauro Vizconde and his wife Estrellita has 2 daughters. On May 22, 1979, Estrellita purchased from her
father a parcel of land (Valenzuela property). Later on, she sold the Valenzuela property Lim. On June
1990, she bought from Premier Homes a parcel of land with improvements (Paranaque property) using
the proceeds from the sale of the Valenzuela property. On June 1991, the Vizconde massacre happened.
Estrellita and her daughters were killed thereafter leaving Lauro as t sole heir of their estate.

Later on, Rafael (Estrellita’s father) died intestate. The heirs of Rafael averred that their legitime should
come from the collation of all the properties distributed by Nicolas to his children during his lifetime,
including the Paranaque property. The trial court in its decision did not include the Paranaque property
as part of the estate of Rafael. Ramon, one of the heirs of Rafael, filed his objection against the order of
the trial court.

Issue:
Whether or not the collation is proper.

Ruling:

No. The probate court made a reversible error in ordering collation of the Parañaque property. It was the
Valenzuela property that was transferred to Estrellita, by way of deed of sale. The Parañaque property
which Estrellita acquired by using the proceeds of the sale of the Valenzuela property does not become
collationable simply by reason thereof. Indeed, collation of the Parañaque property has no statutory basis.
The order of the probate court presupposes that the Parañaque property was gratuitously conveyed by
Rafael to Estrellita. Records indicate, however, that the Parañaque property was conveyed for and in
consideration of P900,000.00, by Premier Homes, Inc., to Estrellita. Rafael, the decedent, has no
participation therein, and Lauro who inherited and is now the present owner of the Parañaque property
is not one of Rafael's heirs. Thus, the probate court's order of collation against Lauro is unwarranted for
the obligation to collate is lodged with Estrellita, the heir, and not to herein Lauro who does not have any
interest in Rafael's estate. As it stands, collation of the Parañaque property is improper for, to repeat,
collation covers only properties gratuitously given by the decedent during his lifetime to his compulsory
heirs which fact does not obtain anent the transfer of the Parañaque property. Moreover, Rafael, in a
public instrument, voluntarily and willfully waived any "claims, rights, ownership and participation as heir"
in the Parañaque property.

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