(Succession) 04 - Reganon v. Imperial - Alonto

B2022 REPORTS ANNOTATED January 17, 1968
Reganon v. Imperial Reganon v. Imperial
I. Recit-ready summary Heirs of Pedro Reganon – Plaintiff in recovery case

Rufino Imperial-Defendant in recovery case
The heirs of Pedro Reganon won a case for recovery and Eulogio Imperial-Father of Rufino, dead nigga with moneyz
ownership versus Rufino Imperial for a parcel of land in
Zamboanga Del Norte. The court, among other things, ordered The heirs of Pedro Reganon filed a case for recovery of
Rufino Imperial to pay damages amounting to P1,929.20. Upon ownership and possession of a 1-hectare land portion of a parcel
the issuance of a writ of execution of judgment, the sheriff, after of land located in Miasi, Polanco, Zamboanga Del Norte, with
enforcing the writ, reported the sale of a carabao worth P153
damages, against Rufino Imperial. No answer was filed within
and a piece of land worth P500.00(not enough). Thereafter, PNB
the reglementary period, so the plaintiffs filed a motion to
deposited in its dipolog branch an amount worth P10,303.80,
pursuant to a special proceedings case. This amount was from declare the former in default, which the court granted. The court
the estate of the late Eulogio Imperial. The heirs of rendered a decision, declaring the heirs of Pedro Reganon the
Eulogio(including Rufino imperial) executed a deed of lawful owners of the land and entitled to its peaceful possession
extrajudicial partition for the amount and thus Rufino was and enjoyment, and ordered the defendant to vacate the portion
awarded P1,471.97 as his share. The heirs of Reganon wanted to occupied by him and to pay for damages amounting to
take Rufino’s share as satisfaction of their judgment so Rufino P1,929.20. The heirs filed for a writ of execution of judgment
Imperial filed an MR which was denied and so hence this which was granted by the court. The sheriff returned(from
petition. enforcing the writ) reporting the sale of a carabao worth P153
and a sale of the defendant’s land located in Sicet, Polanco,
Can the interest of an heir in the estate of a deceased person Zamboanga Del Norte for P500.00. (Take note that he owes the
be attached for purposes of execution even if the estate is
heirs of Reganon P1,929.20)
still in the process of settlement? (YES)
DOCTRINE: The rights to the succession of a person are Eventually, on March 1964, PNB, pursuant to a court case,
transmitted from the moment of death, and where, as in this deposited P10,303.80 in its Dipolog branch, which is the
case, the heir is of legal age and the estate is not burdened with residuary estate of its former ward Eulogio Imperial. The heirs of
any debts, said heir immediately succeeds, by force of law, to the Eulogio (including the defendant Rufino Imperial) executed a
dominion, ownership, and possession of the properties of his deed of extrajudicial partition for the P10,303.80 and Rufino
predecessor, and consequently stands legally in the shoes of the Imperial received P1,471.97 as his share. The heirs of Reganon
latter. learned of this and so they filed for an issuance of a writ of
execution and to order the PNB-Dipolog branch to hold Rufino
II. Facts of the case Imperial’s share and to deliver it with the sheriff for the
satisfaction of the money judgment. The sheriff issued a notice of
Cast of Characters: levy to Rufino about the garnishment of the rights and interest
G.R. NO: L-24434 PONENTE: Bengzon, J.
ARTICLE; TOPIC OF CASE: Succession DIGEST MAKER: Walden

that Rufino may have over the estate of Eulogio Imperial. the heirs which was done when PNB deposited P10,303.80 to its
Defendant appeared in court to file MR but was denied hence he dipolog branch.
went to this court to raise the following issues:
When Eulogio died, the rights to his succession — from the
(1) Upon the death of a ward, is the money accumulated in his moment of his death — were transmitted to his heirs, one of
guardianship proceedings and deposited in a bank, still whom is his son and heir, defendant-appellant herein. This
considered in custodia legis and therefore not subject to automatic transmission cannot but proceed with greater ease
attachment? and certainty than in this case where the parties agree that the
(2) Is the residuary estate of a U.S. veteran, which consists in residuary estate is not burdened with any debt. The rights to the
the aggregate accumulated sum from the monthly allowances succession of a person are transmitted from the moment of
given him by the United States Veterans Administration death, and where, as in this case, the heir is of legal age and the
(USVA) during his lifetime, exempt from execution? estate is not burdened with any debts, said heir immediately
succeeds, by force of law, to the dominion, ownership, and
possession of the properties of his predecessor, and
III. Issue/s consequently stands legally in the shoes of the latter. In this case,
in fact the heirs has full liberty to withdraw their respective
Can the interest of an heir in the estate of a deceased person inheritance amounts and the only reason why they have not
be attached for purposes of execution even if the estate is done so is because of an illegal withdrawal by a certain Gloria
still in the process of settlement? (YES) Gomez which case is pending in the CA (Gloria isn’t a party to the
Reganon v. Imperial case)
IV. Ratio/Legal Basis
The US veteran argument incase sir asks (kasi military man
Rufino’s main argument is that the property of an incompetent siya)
under guardianship is in custodia legis and therefore cannot be
attached. However, that was under the old rules of court. The Finally, it is defendant-appellant's position that the residuary
new rules of court provides for a procedure in case a property in estate of Eulogio Imperial, a former U.S. veteran, having been set
custodia legis is to be attached. Furthermore, jurisprudence has aside from the monthly allowances given him by the United
provided that “The death of the ward necessarily terminates the States Veterans Administration (USVA) during his lifetime, is
guardianship, and thereupon all powers and duties of the exempt from execution.
guardian cease, except the duty, which remains, to make a
proper accounting and settlement in the probate court.” And as a Any pension, annuity. or gratuity granted by a Government to its
matter of fact, the CFI of Zamboanga handling the guardianship officers or employees in recognition of past services rendered, is
proceedings ordered it to be conditionally closed and to have the primordially aimed at tiding them over during their old age
estate of the late Eulogio Imperial(the ward) to be distributed to and/or disability. This is therefore a right personalissima, purely
personal because founded on necessity. It requires no

argument to show that where the recipient dies, the

necessity motivating or underlying its grant necessarily
ceases to be. Even more so in this case where the law providing
for the exemption is calculated to benefit U.S. veterans residing
here, and is therefore merely a manifestation of comity.
Besides, as earlier stated, the heirs of Eulogio Imperial, one of

whom is appellant, have already executed a Deed of Extrajudicial
Partition — the end result of which is that the property is no
longer the property of the estate but of the individual heirs.
V. Disposition
VI. Notes

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B2022 REPORTS ANNOTATED January 17, 1968

Reganon v. Imperial Reganon v. Imperial

I. Recit-ready summary Heirs of Pedro Reganon – Plaintiff in recovery case

G.R. NO: L-24434 PONENTE: Bengzon, J.

ARTICLE; TOPIC OF CASE: Succession DIGEST MAKER: Walden

Reganon v. Imperial Reganon v. Imperial

G.R. NO: L-24434 PONENTE: Bengzon, J.

ARTICLE; TOPIC OF CASE: Succession DIGEST MAKER: Walden

Reganon v. Imperial Reganon v. Imperial

argument to show that where the recipient dies, the

Besides, as earlier stated, the heirs of Eulogio Imperial, one of

G.R. NO: L-24434 PONENTE: Bengzon, J.

ARTICLE; TOPIC OF CASE: Succession DIGEST MAKER: Walden

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