Rebecca Viado Non v. The Honorable Court of Appeals

Summary

This case involves a property inheritance dispute among the Viado family heirs over a house and lot in Quezon City. After the deaths of spouses Julian and Virginia Viado, their surviving children and Nilo's heirs (respondents) claimed absolute ownership based on a deed of donation and extrajudicial settlement executed in 1983 but registered in 1988. Petitioners Rebecca, Jose Non, and Delia Viado sought partition, challenging the validity of these documents alleging fraud, forgery, and undue influence. The Supreme Court affirmed lower courts' findings that petitioners failed to present sufficient evidence to invalidate the deeds. However, the Court recognized that Delia Viado's exclusion from the settlement constituted preterition and ordered payment of her share's value under Article 1104 of the Civil Code, rather than rescission of the partition.