ARELLANO v. PASCUAL
G.R. No. 189776 December 15, 2010
Angel N. Pascual Jr. died intestate on January 2, 1999 leaving as heirs his
siblings, namely: petitioner Amelia P. Arellano who is represented by her daughters
Agnes P. Arellano (Agnes) and Nona P. Arellano, and respondents Francisco Pascual
and Miguel N. Pascual. In a petition for “Judicial Settlement of Intestate Estate and Issuance of Letters of Administration” filed by respondents on April 28, 2000, respondents alleged, inter alia, that a parcel of land (the donated property) located in Teresa Village, Makati, which was, by Deed of Donation, transferred by the decedent to petitioner the validity of which donation respondents assailed, “may be considered as an advance legitime” of petitioner. Respecting the donated property, now covered in the name of petitioner by Transfer Certificate of Title No. 181889 of the Register of Deeds of Makati, which respondents assailed but which they, in any event, posited that it “may be considered as an advance legitime” to petitioner, the trial court, acting as probate court, held that it was precluded from determining the validity of the donation.
ISSUE: WON the property is subject of collation.
NO. The purposes of collation are to secure equality among the compulsory heirs
in so far as is possible, and to determine the free portion, after finding the legitime, so
that inofficious donations may be reduced. Collation takes place when there are
compulsory heirs, one of its purposes being to determine the legitime and the free
portion. If there is no compulsory heir, there is no legitime to be safeguarded.
The records do not show that the decedent left any primary, secondary, or concurring
compulsory heirs. He was only survived by his siblings, who are his collateral relatives
and, therefore, are not entitled to any legitime – that part of the testator’s property which he cannot dispose of because the law has reserved it for compulsory heirs.The decedent not having left any compulsory heir who is entitled to any legitime, he was at liberty to donate all his properties, even if nothing was left for his siblings-collateral relatives to inherit. His donation to petitioner, assuming that it was valid, is deemed as donation made to a “stranger,” chargeable against the free portion of the estate. There being no compulsory heir, however, the donated property is not subject to collation.
