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proceedings of either.
Upon the death of a spouse, no action can
**missing from the book
be maintained against the surviving
spouse for the recovery of a debt
Thus when the marriage is dissolved by the
death of the husband or wife, the community chargeable against the conjugal
property shall be inventoried administered and partnership, as of the estate of the
liquidated, and the debts thereof paid, in the deceased spouse. Neither may the
testatae or intestate proceedings of the surviving spouse, after the death of the
deceased spouse. In the settlement other, enter into an agreement novatory of
proceedings of the estate of the deceased a contract executed by both of them
spouse, the entire conjugal partnership during the lifetime of a deceased.
Note:
GR: when a person dies leaving property, the Partition although oral, is valid and binding. In
same should be judicially administered and the Hernandez vs Andal, the Court, interpreting
competent court should appoint a qualified Section 1 of Rule 74 of the Rules of Court,
administrator. held that the requirement that a partition be put
in a public document and registered has for its be, to determine who are the persons
purpose the protection of creditors and at the legally entitled to participate in the estate,
same time the protection of the heirs and to apportion and divide it among them
themselves against tardy claims. The object of after the payment of such debts of the
registration is to serve as constructive notice to estate as the court shall then find to be
others. It follows that the intrinsic validity of due; and such persons, in their own right, if
partition not executed with the prescribed they are of lawful age and legal capacity, or
formalities does not come into play when there by their guardians or trustees legally
are no creditors or the rights of creditors are appointed and qualified, if otherwise, shall
not affected. Where no such rights are thereupon be entitled to receive and enter
involved, it is competent for the heirs of an into the possession of the portions of the
estate to enter into an agreement for estate so awarded to them respectively.
distribution in a manner and upon a plan The court shall make such order as may be
different from those provided by law. just respecting the costs of the
proceedings, and all orders and judgments
In re Compromise Agreement: it has been held made or rendered in the course thereof
that where the compromise agreement entered shall be recorded in the office of the clerk,
into by and between the various heirs in their and the order of partition or award, if it
personal capacity, the same is binding upon involves real estate, shall be recorded in
them as individuals, upon the perfection of the the proper register's office.
contract, even without previous authority of the
Court to enter into such agreement.**Borja vs
Vda. de Borja, 46 scra 577. Jurisdiction of Metropolitan Trial Courts,
Municipal Trial Courts and Municipal Circuit
Heirs cannot Divest Court of its already Trial Courts in Civil Cases:
acquired Jurisdiction:** read further
RA 7691 Section 3:
The heirs of the deceased cannot divest the
court of its already acquired jurisdiction, viz., Outside Metro Manila - Php100,000.00 Below
the filing of the application for probate of the Metro manila - Php200,000.00 Below
will and publication thereof by the mere fact of
dividing and distributing extrajudicially the
estate of the deceased among themselves; Section 3. Bond to be filed by distributees.
The court, before allowing a partition in
accordance with the provisions of the
Section 2. Summary settlement of estate of preceding section, my require the
small value. Whenever the gross value distributees, if property other than real is to
of the estate of a deceased person, whether be distributed, to file a bond in an amount
he died testate or intestate, does not to be fixed by court, conditioned for the
exceed ten thousand pesos, and that fact is payment of any just claim which may be
made to appear to the Court of First filed under the next succeeding section.
Instance having jurisdiction of the estate
by the petition of an interested person and REGALADO NOTES:
upon hearing, which shall be held not less
than one (1) month nor more than three (3) Rule 74 provides for 2 exceptions to the
months from the date of the last requirement that the estate of the
publication of a notice which shall be decedent should be judicially administered
published once a week for three (3) through an administrator or executor, viz.:
appointment of an executor or
administrator, and without delay, to grant, if Distinctions:
disability is removed.
If special proceedings are pending or
there is a need to file one, for the
REGALADO NOTES:
determination of heirship, that issue
should be determined in said special
The 2 year lien upon the real property
proceedings.