VIZCONDE vs. COURT OF APPEALS 286 SRA 217

FACTS:

Lauro Vizconde and his wife Estrellita has 2 daughters. On May 22, 1979, Estrellita purchased from her father a parcel of land (Valenzuela property). Later on, she sold the Valenzuela property Lim.

On June 1990, she bought from Premier Homes a parcel of land with improvements (Paranaque property) using the proceeds from the sale of the Valenzuela property. On June 1991, the Vizconde massacre happened. Estrellita and her daughters were killed thereafter leaving Lauro as t sole heir of their estate. Later on, Rafael (Estrellita’s father) died intestate. The heirs of Rafael averred that their legitime should come from the collation of all the properties distributed by Nicolas to his children during his lifetime, including the Paranaque property. The trial court in its decision did not include the Paranaque property as part of the estate of Rafael. Ramon, one of the heirs of Rafael, filed his objection against the order of the trial court.

ISSUE: WON the collation is proper.

RULING:

NO. The probate court made a reversible error in ordering collation of the Parañaque property. It was the Valenzuela property that was transferred to Estrellita, by way of deed of sale. The Parañaque property which Estrellita acquired by using the proceeds of the sale of the Valenzuela property does not become collationable simply by reason thereof. Indeed, collation of the Parañaque property has no statutory basis. The order of the probate court presupposes that the Parañaque property was gratuitously conveyed by Rafael to Estrellita. Records indicate, however, that the Parañaque property was conveyed for and in consideration of P900,000.00, by Premier Homes, Inc., to Estrellita. Rafael, the decedent, has no participation therein, and Lauro who inherited and is now the present owner of the Parañaque property is not one of Rafael's heirs. Thus, the probate court's order of collation against Lauro is unwarranted for the obligation to collate is lodged with Estrellita, the heir, and not to herein Lauro who does not have any interest in Rafael's estate. As it stands, collation of the Parañaque property is improper for, to repeat, collation covers only properties gratuitously given by the decedent during his lifetime to his compulsory heirs which fact does not obtain anent the transfer of the Parañaque property. Moreover, Rafael, in a public instrument, voluntarily and willfully waived any "claims, rights, ownership and participation as heir" in the Parañaque property.