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    Borja v. Borja

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    Jhoel Villafuerte
    Francisco de Borja filed to probate the will of his deceased wife Josefa Tangco. After Francisco died, his son Jose became the sole administrator of Josefa's estate. Francisco had remarried Tasiana before he died. Tasiana instituted probate proceedings for Francisco's estate and was appointed special administratrix. Jose and Tasiana entered a compromise agreement, but Tasiana opposed its approval. The issue was whether the agreement was valid even though Francisco's will had not been probated. The court held the agreement was valid as it only conveyed Tasiana's hereditary share in the estates and did not attempt to settle or distribute the entire estate before probate. Under Philippine law, a hereditary share vests at

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    Borja v. Borja

    Uploaded by

    Jhoel Villafuerte
    35 views1 page
    Francisco de Borja filed to probate the will of his deceased wife Josefa Tangco. After Francisco died, his son Jose became the sole administrator of Josefa's estate. Francisco had remarried Tasiana before he died. Tasiana instituted probate proceedings for Francisco's estate and was appointed special administratrix. Jose and Tasiana entered a compromise agreement, but Tasiana opposed its approval. The issue was whether the agreement was valid even though Francisco's will had not been probated. The court held the agreement was valid as it only conveyed Tasiana's hereditary share in the estates and did not attempt to settle or distribute the entire estate before probate. Under Philippine law, a hereditary share vests at

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    Succession

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    Francisco de Borja filed to probate the will of his deceased wife Josefa Tangco. After Francisco died, his son Jose became the sole administrator of Josefa's estate. Francisco had remarried Tasiana before he died. Tasiana instituted probate proceedings for Francisco's estate and was appointed special administratrix. Jose and Tasiana entered a compromise agreement, but Tasiana opposed its approval. The issue was whether the agreement was valid even though Francisco's will had not been probated. The court held the agreement was valid as it only conveyed Tasiana's hereditary share in the estates and did not attempt to settle or distribute the entire estate before probate. Under Philippine law, a hereditary share vests at

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    35 views1 page

    Borja v. Borja

    Uploaded by

    Jhoel Villafuerte
    Francisco de Borja filed to probate the will of his deceased wife Josefa Tangco. After Francisco died, his son Jose became the sole administrator of Josefa's estate. Francisco had remarried Tasiana before he died. Tasiana instituted probate proceedings for Francisco's estate and was appointed special administratrix. Jose and Tasiana entered a compromise agreement, but Tasiana opposed its approval. The issue was whether the agreement was valid even though Francisco's will had not been probated. The court held the agreement was valid as it only conveyed Tasiana's hereditary share in the estates and did not attempt to settle or distribute the entire estate before probate. Under Philippine law, a hereditary share vests at

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Borja  v.

      Borja

    FACTS:

    Francisco de Borja filed a petition for probate of the will of his wife who died, Josefa Tangco,
    with the CFI of Rizal. He was appointed executor and administrator, until he died; his son Jose
    became the sole administrator. Francisco had taken a 2nd wife Tasiana before he died; she
    instituted testate proceedings with the CFI of Nueva Ecija upon his death and was appointed
    special administatrix. Jose and Tasiana entered upon a compromise agreement, but Tasiana
    opposed the approval of the compromise agreement. She argues that it was no valid, because
    the heirs cannot enter into such kind of agreement without first probating the will of Francisco,
    and at the time the agreement was made, the will was still being probated with the CFI of Nueva
    Ecija.

    ISSUE:

    W/N the compromise agreement is valid, even if the will of Francisco has not yet been probated.

    HELD:

    YES, the compromise agreement is valid.

    The agreement stipulated that Tasiana will receive P800,000 as full payment for
    her hereditary share in the estate of Francisco and Josefa.

    There was here no attempt to settle or distribute the estate of Francisco de Borja among
    the heirs thereto before the probate of his will. The clear object of the contract was merely
    the conveyance by Tasiana Ongsingco of any and all her individual share and interest, actual or
    eventual, in the estate of Francisco de Borja and Josefa Tangco. There is no stipulation as to any
    other claimant, creditor or legatee.

    And as a hereditary share in a decedent’s estate is transmitted or vested immediately from the


    moment of the death of such causante or predecessor in interest (Civil Code of the Philippines,
    Art. 777) there is no legal bar to a successor (with requisite contracting capacity) disposing of
    her or his hereditary share immediately after such death, even if the actual extent of such share is
    not determined until the subsequent liquidation of the estate.

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