declaratory action, in case of a denial of the petition, would have become final, andneither the said judicial order not the declaration made in its dispositive part maysubsequently be impugned.ISSUE:Whether or not an action for rescission is applicable.HELD:
No. An action for rescission is not applicable in this case.The omission, asprovided in Article 1079, of one or more objects or securities of the inheritancedoes not give rise to the rescission of the division by reason oflesion, but only tocomplete or increase the estate with the objets or securities omitted. The partiesthemselves who signed the contract or partition here concerned, stipulated thereinthat:If other property be discovered which belonged to the said deceased (thespouses Evangelista and Alonso) and is not comprised within this partition, adistribution thereof shall be made among the interested parties proportionately andin accordance with the common law.Article 1104REBECCA VIADO NON, JOSE A. NON and DELIA VIADO,petitioners,vs.THE HONORABLE COURT OF APPEALS, ALICIA N. VIADO, CHERRIVIADO and FE FIDES VIADO,respondents.G.R. No. 137287; February 15, 2000VITUG,J.:FACTS:During their lifetime, the spouses Julian C. Viado and Virginia P. Viado ownedseveral pieces of property, among them a house and lot located at La Loma,Quezon City, covered by TCTNo. 42682. Virginia P. Viado died on 20 October1982. Julian C. Viado died three years later on 15 November 1985. Surviving themwere their children — Nilo Viado, Leah Viado Jacobs, and herein petitionersRebecca Viado, married to Jose Non, and Delia Viado. Nilo Viado and Leah ViadoJacobs both died on 22 April 1987. Nilo Viado left behind as his own sole heirsherein respondents — his wife Alicia Viado and their two children Cherri Viadoand Fe Fides Viado.Petitioners and respondents shared, since 1977, a common residence at theIsarog property. Tension would appear to have escalated between petitionerRebecca Viado and respondent Alicia Viado after the former had asked that the
property be equally divided between the two families to make room for thegrowing children. Respondents claimed absolute ownership over the entireproperty and demanded that petitioners vacate the portion occupied by the latter.Petitioners, asserting co-ownership over the property in question, filed a case forpartition.Respondents predicated their claim of absolute ownership over the subjectproperty on two documents — a deed of donation executed by the late Julian Viadocovering his one-half conjugal share of the Isarog property in favor of Nilo Viadoand a deed of extrajudicial settlement in which Julian Viado, Leah Viado Jacobs(through a power of attorney in favor of Nilo Viado) and petitioner Rebecca Viadowaived in favor of Nilo Viado their rights and interests over their share of theproperty inherited from Virginia Viado. Both instruments were executed on 26August 1983 and registered on 07 January 1988 by virtue of which TransferCertificate of Title No. 42682 was cancelled andanew TCT was issued to the heirsof Nilo Viado.