243 vol 765 august 5 2015 243 butiong vs plazo limon

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243 VOL. 765, AUGUST 5, 2015 243 Butiong vs. Plazo Limon or Myrna R. Rogador, Epifanio Belo and Ma. Theresa R. Demafelix are the decedent’s legitimate children with his first wife, while Benita Tenorio Riñoza, is the decedent’s widow and Bernadette Riñoza, the decedent’s daughter with said widow. As such, said parties are co-owners by virtue of an intestate inheritance from the decedent , of the properties enumerated in the succeeding paragraph; 3. That the decedent left the following real properties all located in Nasugbu, Batangas: x x x x 16. That the estate of decedent Pedro L. Riñoza has no known legal indebtedness ; 17. That said estate remains undivided up to this date and it will be to the best interest of all heirs that same be partitioned judicially. 26
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Petitioner is mistaken. It is true that some of respondents’ causes of action pertaining to the properties left behind by the decedent Pedro, his known heirs, and the nature and extent of their interests thereon, may fall under an action for settlement of estate. However, a complete reading of the complaint would readily show that, based on the nature of the suit, the allegations therein, and the reliefs prayed for, the action is clearly one for judicial partition with annulment of title and recovery of possession. Section 1, Rule 74 of the Rules of Court provides: RULE 74 Summary Settlement of Estate Section 1. Extrajudicial settlement by agreement between heirs.— If the decedent left no will and no debts and the heirs are all of age , or the minors are represented by their judicial or legal representatives duly _______________ 26 Rollo , pp. 22-23. (Emphases ours) 244 244 SUPREME COURT REPORTS ANNOTATED Butiong vs. Plazo authorized for the purpose, the parties may without securing letters of administration , divide the estate among themselves as they see fit by means of a public instrument filed in the office of the register of deeds, and should they disagree, they may do so in an ordinary action of partition . If there is only one heir, he may adjudicate to himself the entire estate by means of an affidavit filled in the office of the register of deeds. The parties to an extrajudicial settlement, whether by public instrument or by stipulation in a pending action for partition, or the sole heir who adjudicates the entire estate to himself by means of an affidavit shall file, simultaneously with and as a condition precedent to the filing of the public instrument, or stipulation in the action for partition, or of the affidavit in the office of the register of deeds, a bond with the said register of deeds, in an amount equivalent to the value of the personal property involved as certified to under oath by the parties concerned and conditioned upon the payment of any just claim that may be filed under Section 4 of this rule. It shall be presumed that the decedent left no debts if no creditor files a petition for letters of administration within two (2) years after the death of the decedent.
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