Petitioner
Dolores A Ignacio
Respondent
Felisa Martinez
Citation
G.R. No. 10722
Court
Supreme Court
Division
First Division
Ponente
Trent, J.
Decided
February 18, 1916

Summary

This case involved a dispute over inherited real estate where Crispulo Martinez had assigned his one-third share to his sister Felisa Martinez and her husband through a 1908 notarized document in consideration of P2,500 they spent on his education. After Crispulo's death in 1911, his widow sought partition claiming the assignment was invalid. The trial court agreed, but the Supreme Court reversed, distinguishing between repudiation of inheritance and assignment of accepted inheritance. The Court held that since Crispulo had already accepted the inheritance by exercising dominion over the property for eight years, his subsequent assignment for valuable consideration was valid under Civil Code Article 1175. The decision clarifies that accepted heirs can assign their interests for consideration, unlike pure inheritance repudiation which must be gratuitous and comply with specific Civil Code requirements.

Statutes applied

By Intellegal Editorial Board · February 18, 1916

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