Succession Cases (Wave 1).docx - Page |1 G.R No 149926 UNION BANK OF THE PHILIPPINES petitioner vs EDMUND SANTIBA\u00d1EZ and FLORENCE SANTIBA\u00d1EZ ARIOLA

Succession Cases (Wave 1).docx - Page |1 G.R No 149926...

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P a g e | 1 G.R. No. 149926 February 23, 2005 UNION BANK OF THE PHILIPPINES, petitioner, vs. EDMUND SANTIBAÑEZ and FLORENCE SANTIBAÑEZ ARIOLA, respondents. Civil Law; Settlement of Estate; Jurisdictions; Well-settled is the rule that a probate court has the jurisdiction to determine all the properties of the deceased, to determine whether they should or should not be included in the inventory or list of properties to be administered .—Well-settled is the rule that a probate court has the jurisdiction to determine all the properties of the deceased, to determine whether they should or should not be included in the inventory or list of properties to be administered. The said court is primarily concerned with the administration, liquidation and distribution of the estate. Same; Same; Wills; Partition; In our jurisdiction, the rule is that there can be no valid partition among the heirs until after the will has been probated .—In our jurisdiction, the rule is that there can be no valid partition among the heirs until after the will has been probated: In testate succession, there can be no valid partition among the heirs until after the will has been probated. The law enjoins the probate of a will and the public requires it, because unless a will is probated and notice thereof given to the whole world, the right of a person to dispose of his property by will may be rendered nugatory. The authentication of a will decides no other question than such as touch upon the capacity of the testator and the compliance with those requirements or solemnities which the law prescribes for the validity of a will. Same; Same; Same; Same; Every act intended to put an end to indivision among co- heirs and legatees or devisees is deemed to be a partition although it should purport to be a sale, an exchange, a compromise or any other transaction .—It must be stressed that the probate proceeding had already acquired jurisdiction over all the properties of the deceased, including the three (3) tractors. To dispose of them in any way without the probate court’s approval is tantamount to divesting it with jurisdiction which the Court cannot allow. Every act intended to put an end to indivision among co-heirs and legatees or devisees is deemed to be a partition, although it should purport to be a sale, an exchange, a compromise, or any other transaction. Thus, in executing any joint agreement which appears to be in the nature of an extra-judicial partition, as in the case at bar, court approval is imperative, and the heirs cannot just divest the court of its jurisdiction over that part of the estate. Same; Same; Same; Filing of a money claim against the decedent’s estate in the probate court is mandatory .—The filing of a money claim against the decedent’s estate in the probate court is mandatory. As we held in the vintage case of Py Eng Chong v.
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