- Petitioner
- Faustina Udarbe
- Respondent
- Marciana Jurado
- Citation
- G.R. No. 38499
- Court
- Supreme Court
- Division
- First Division
- Ponente
- Imperial, J.
- Decided
- December 6, 1933
Summary
This inheritance dispute involved partition of 38 parcels of land left by deceased Agustin Udarbe among his children from two marriages. Some heirs sought collation of donations inter vivos received by other siblings during their marriages. The Supreme Court affirmed the trial court's decision granting partial partition but denying collation. The Court held that under Article 1035 of the Civil Code, forced heirs must prove that donations were inofficious and prejudiced their legitime before collation can be compelled. Since plaintiffs failed to establish that the donations exceeded the disposable portion or injured their hereditary rights, and evidence showed additional properties available for partition, the denial of collation was proper. The decision established important precedent on the burden of proof required for compelling collation of lifetime donations in succession cases.