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Canuta Pagkatipunan v.

IAC (1991) Doctrine: The avowed specific provisions of the Civil Code respecting collation, which are controlling even in intestate succession, must be followed in adjudicating the remaining portion of the conjugal estate. Adjudication must not be purely speculative and conjectural. Facts: Jose Velasquez, Sr. was married to Victorina Real, they had 5 children When Victorina died, Jose contracted marriage with Canuta Pagkatipunan o Canuta bore him 13 children The conjugal partnership with Victorina was not liquidated and Jose enjoyed full possession of the conjugal properties When Jose Velasquez died, the 2nd conjugal partnership with Canuta was also not liquidated and Canuta possessed the properties This situation gave rise to the controversies in the instant case spawned by the parties' conflicting claims from both sides of the two marriages. Commissioners determined 27 lots belonged to conjugal partnership of first marriage Trial Court held that West Ave house should be divided into 2, one half to 2nd wife and her children, the other half to the husband and his heirs o TC also cancelled all donations inter vivos executed by Jose Velasquez to his children with Canuta o Decreed as simulated sale and resale of Canuta to siblings of the property in the name of Sps. Jose and Victorina Velasquez

WON: The trial and appellate courts properly adjudicated the shares of Jose Velasquezs heirs? HELD: Case was remanded to RTC Laguna and directed it to follow procedure prescribed in the SC ruling and outlined in the NCC lower court's ruling adjudicating the remaining portion of the conjugal estate to the private respondents is purely speculative and conjectural. failed to consider among others, the following provisions of the Civil Code: o Art. 908 determining legitime, value of property left by testator, deduction of debts and charges Add value of donations subject to collation in the net value of the estate o Art. 1061 compulsory heirs to include donations received from decedent for the computation of legitime o Trial court must determine gross value of the conjugal properties of the 1st marriage o Art. 909. Charge donations received by compulsory heirs to their legitimes, those received by strangers to the free portion

Court however affirmed findings that Canuta Pagkatipunan employed fraudulent acts to acquire title over some properties o Sale then resale back to her by her siblings o Deeds of assignments in favor of her children Affirmed that properties listed in the inventory belong to 1st marriage