Figuracion v. Vda. De Figuracion
G.R. No. 154322 August 22, 2006
On August 23, 1955, Leandro Figuraciom executed a deed of quitclaim over his
real properties in favor of his six children. When he died in 1958, he left behind two
parcels of land. Leandro had inherited both lots from his deceased parents.
What gave rise to the complaint for partition, however, was a dispute between
petitioner and her sister, respondent Mary, over the eastern half of Lot.
While petitioner points out that the estate is allegedly without any debt and she
and respondents are Leandro Figuracion’s only legal heirs, she does not dispute the
finding of the CA that “certain expenses” including those related to her father’s final
illness and burial have not been properly settled.
ISSUE: Is an action for partition appropriate in this case?
No. In a situation where there remains an issue as to the expenses chargeable
to the estate, partition is inappropriate. While petitioner points out that the estate is
allegedly without any debt and she and respondents are Leandro Figuracion’s only legal
heirs, she does not dispute the finding of the CA that “certain expenses” including those
related to her father’s final illness and burial have not been properly settled. Thus, the
heirs (petitioner and respondents) have to submit their father’s estate to settlement
because the determination of these expenses cannot be done in an action for partition.
In estate settlement proceedings, there is a proper procedure for the accounting of all
expenses for which the estate must answer. If it is any consolation at all to petitioner,
the heirs or distributees of the properties may take possession thereof even before the
settlement of accounts, as long as they first file a bond conditioned on the payment of
the estate’s obligations.
