Imperial v. CA
G.R. No. 112483, October 8, 1999
FACTS:
Leoncio Imperial was the registered owner of a parcel of land. On July 7, 1951, Leoncio sold the said lot for P1.00 to his acknowledged natural son, petitioner Eloy Imperial, who then acquired title over the land and proceeded to subdivide it into several lots. Petitioner and respondents admit that despite the contract’s designation as one of “Absolute Sale”, the transaction was in fact a donation.
On January 8, 1962, Leoncio died, leaving only two heirs —petitioner, who was his acknowledged natural son, and an adopted son, Victor Imperial. On March 8, 1962, Victor was substituted in place of Leoncio in the case. Fifteen years after, Victor died, single and without issue, survived only by his natural father, Ricardo Villalon, who was a lessee of a portion of the disputed land. Four years hence, or on September 25, 1981, Ricardo died, leaving as his only heirs his two children, Cesar and Teresa Villalon. Five years thereafter, or sometime in 1986, Cesar and Teresa filed a complaint for annulment of the donation.
ISSUE:
Whether there is a renunciation of legitime that may be presumed
RULING:
No. There was no renunciation of legitime which may be presumed from the foregoing acts. Our law on succession does not countenance tacit repudiation of inheritance. Rather, it requires an express act on the part of the heir. Thus, under Article 1051 of Civil Code: The repudiation of an inheritance shall be made in a public or authentic instrument, or by petition presented to the court having jurisdiction over the testamentary or intestate proceedings. Thus, when Victor substituted Leoncio in Civil Case No. 1177 upon the latter’s death, his act of moving for execution of the compromise judgment cannot be considered an act of renunciation of his legitime. He was, therefore, not precluded or estopped from subsequently seeking the reduction of the donation, under Article 772. Nor are Victor’s heirs, upon his death, precluded from doing so, as their right to do so is expressly recognized under Article 772, and also in Article 1053. If the heir should die without having accepted or repudiated the inheritance, his right shall be transmitted to his heirs.
