Petitioner
Matilde Aramburu y Garcia
Respondent
Angel Ortiz
Citation
G.R. No. 5398
Court
Supreme Court
Division
First Division
Ponente
Torres, J.
Decided
January 7, 1910

Summary

Matilde Aramburu y Garcia sued Angel Ortiz to recover P25,561.95 allegedly overpaid during execution of a prior judgment against heirs of deceased Ceferino Aramburu y Lambarri. The Supreme Court affirmed dismissal of her claim, holding that heirs who accept inheritance without benefit of inventory are liable in solidum (jointly and severally) for all debts of the deceased under Civil Code articles 1084-1085. The creditor may collect the entire debt from any heir, and the paying heir's remedy is contribution from co-heirs, not restitution from the creditor. This established important precedent on the joint and several nature of heir obligations in Philippine inheritance law, clarifying that such liability exists by operation of law even without express stipulation in judgments.

Statutes applied

By Intellegal Editorial Board · January 7, 1910

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