declaratory action in case of a denial of the petition would have become final

Declaratory action in case of a denial of the

This preview shows page 8 - 11 out of 15 pages.

declaratory action, in case of a denial of the petition, would have become final, and neither the said judicial order not the declaration made in its dispositive part may subsequently be impugned. ISSUE: Whether or not an action for rescission is applicable. HELD:
Image of page 8
No. An action for rescission is not applicable in this case. The omission , as provided in A rticle 1079, of one or more objects or securities of the inheritance does not give rise to the rescission of the division by reason of lesion , but only to complete or increase the estate with the objets or securities omitted. The parties themselves who signed the contract or partition here concerned, stipulated therein that: If other property be discovered which belonged to the said deceased (the spouses Evangelista and Alonso) and is not comprised within this partition, a distribution thereof shall be made among the interested parties proportionately and in accordance with the common law. Article 1104 REBECCA VIADO NON, JOSE A. NON and DELIA VIADO, petitioners, vs. THE HONORABLE COURT OF APPEALS, ALICIA N. VIADO, CHERRI VIADO and FE FIDES VIADO, respondents. G.R. No. 137287 ; February 15, 2000 VITUG, J.: FACTS: During their lifetime, the spouses Julian C. Viado and Virginia P. Viado owned several pieces of property, among them a house and lot located at La Loma, Quezon City, covered by T CT No. 42682. Virginia P. Viado died on 20 October 1982. Julian C. Viado died three years later on 15 November 1985. Surviving them were their children — Nilo Viado, Leah Viado Jacobs, and herein petitioners Rebecca Viado, married to Jose Non, and Delia Viado. Nilo Viado and Leah Viado Jacobs both died on 22 April 1987. Nilo Viado left behind as his own sole heirs herein respondents — his wife Alicia Viado and their two children Cherri Viado and Fe Fides Viado. Petitioners and respondents shared, since 1977, a common residence at the Isarog property. T ension would appear to have escalated between petitioner Rebecca Viado and respondent Alicia Viado after the former had asked that the
Image of page 9
property be equally divided between the two families to make room for the growing children. Respondents claimed absolute ownership over the entire property and demanded that petitioners vacate the portion occupied by the latter. P etitioners, asserting co-ownership over the property in question, filed a case for partition . Respondents predicated their claim of absolute ownership over the subject property on two documents — a deed of donation executed by the late Julian Viado covering his one-half conjugal share of the Isarog property in favor of Nilo Viado and 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 Viado waived in favor of Nilo Viado their rights and interests over their share of the property inherited from Virginia Viado. Both instruments were executed on 26 August 1983 and registered on 07 January 1988 by virtue of which Transfer Certificate of Title No. 42682 was cancelled and a new T CT was issued to the heirs of Nilo Viado.
Image of page 10
Image of page 11

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture