Petitioner
Corazon M. Gregorio
Respondent
Atty. Jose R. Madarang
Citation
G.R. No. 185226
Court
Supreme Court
Division
First Division
Ponente
Carpio Morales, J.
Decided
February 11, 2010

Summary

This case involves an intestate succession dispute over whether Lot 829-B-4-B should be included in the estate inventory of Casimiro V. Madarang, Sr. Vicente Madarang claimed ownership based on a 1992 deed of donation from his parents, leading the trial court to exclude it from the inventory. The Court of Appeals affirmed this exclusion. However, the Supreme Court reversed, applying the doctrine of collation under Article 1061 of the Civil Code, which requires that properties donated by a decedent to compulsory heirs must be brought into the estate mass for purposes of determining legitime and partition. The Court clarified that probate courts have jurisdiction over questions of advancement and that such donated properties cannot be excluded from estate inventories, ensuring equitable distribution among heirs according to succession law principles.

Statutes applied

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By the Intellegal Editorial Board · February 11, 2010

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