Borja v. Borja
46 SCRA 577
FACTS:
Francisco de Borja filed a petition for probate of the will of his wife who died, Josefa Tangco, with the CFI of Rizal. He was appointed executor and administrator, until he died; his son Jose became the sole administrator. Francisco had taken a 2nd wife Tasiana before he died; she instituted testate proceedings with the CFI of Nueva Ecija upon his death and was appointed special administatrix. Jose and Tasiana entered upon a compromise agreement, but Tasiana opposed the approval of the compromise agreement. She argues that it was no valid, because the heirs cannot enter into such kind of agreement without first probating the will of Francisco, and at the time the agreement was made, the will was still being probated with the CFI of Nueva Ecija.
ISSUE:
W/N the compromise agreement is valid, even if the will of Francisco has not yet been probated.
HELD:
YES, the compromise agreement is valid.
The agreement stipulated that Tasiana will receive P800,000 as full payment for her hereditary share in the estate of Francisco and Josefa.
There was here no attempt to settle or distribute the estate of Francisco de Borja among the heirs thereto before the probate of his will. The clear object of the contract was merely the conveyance by Tasiana Ongsingco of any and all her individual share and interest, actual or eventual, in the estate of Francisco de Borja and Josefa Tangco. There is no stipulation as to any other claimant, creditor or legatee.
And as a hereditary share in a decedent’s estate is transmitted or vested immediately from the moment of the death of such causante or predecessor in interest (Civil Code of the Philippines, Art. 777) there is no legal bar to a successor (with requisite contracting capacity) disposing of her or his hereditary share immediately after such death, even if the actual extent of such share is not determined until the subsequent liquidation of the estate.
