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    Dr. Fernando Periquet, Jr. vs. The Court of Appeals G.R. No. L-69996 DECEMBER 5, 1994

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    Jhenjhen Ganda
    Fernando Periquet Jr. was raised by Fernando and Petra Periquet after their biological child passed away. Before her death, Petra wanted to leave her estate to Fernando Jr. in her will. However, she died before signing it. Felix Francisco, Petra's brother, initially assigned his hereditary rights to Fernando Jr. but later tried to annul it, claiming fraud. The court ruled that no fraud was committed to induce Felix to sign over his rights. The assignment was made voluntarily to honor Petra's wishes, and Felix was not forced or intimidated into signing it. Therefore, the assignment of hereditary rights from Felix to Fernando Jr. was deemed valid.

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    Dr. Fernando Periquet, Jr. vs. The Court of Appeals G.R. No. L-69996 DECEMBER 5, 1994

    Uploaded by

    Jhenjhen Ganda
    157 views1 page
    Fernando Periquet Jr. was raised by Fernando and Petra Periquet after their biological child passed away. Before her death, Petra wanted to leave her estate to Fernando Jr. in her will. However, she died before signing it. Felix Francisco, Petra's brother, initially assigned his hereditary rights to Fernando Jr. but later tried to annul it, claiming fraud. The court ruled that no fraud was committed to induce Felix to sign over his rights. The assignment was made voluntarily to honor Petra's wishes, and Felix was not forced or intimidated into signing it. Therefore, the assignment of hereditary rights from Felix to Fernando Jr. was deemed valid.

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    Fernando Periquet Jr. was raised by Fernando and Petra Periquet after their biological child passed away. Before her death, Petra wanted to leave her estate to Fernando Jr. in her will. However, she died before signing it. Felix Francisco, Petra's brother, initially assigned his hereditary rights to Fernando Jr. but later tried to annul it, claiming fraud. The court ruled that no fraud was committed to induce Felix to sign over his rights. The assignment was made voluntarily to honor Petra's wishes, and Felix was not forced or intimidated into signing it. Therefore, the assignment of hereditary rights from Felix to Fernando Jr. was deemed valid.

    Copyright:

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

    Dr. Fernando Periquet, Jr. vs. The Court of Appeals G.R. No. L-69996 DECEMBER 5, 1994

    Uploaded by

    Jhenjhen Ganda
    Fernando Periquet Jr. was raised by Fernando and Petra Periquet after their biological child passed away. Before her death, Petra wanted to leave her estate to Fernando Jr. in her will. However, she died before signing it. Felix Francisco, Petra's brother, initially assigned his hereditary rights to Fernando Jr. but later tried to annul it, claiming fraud. The court ruled that no fraud was committed to induce Felix to sign over his rights. The assignment was made voluntarily to honor Petra's wishes, and Felix was not forced or intimidated into signing it. Therefore, the assignment of hereditary rights from Felix to Fernando Jr. was deemed valid.

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    © All Rights Reserved
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    DR. FERNANDO PERIQUET, JR. vs.

    THE COURT OF APPEALS


    G.R. No. L-69996
    DECEMBER 5, 1994
    FACTS:
    Spouses Fernando Periquet and Petra Francisco were left childless after the death of their
    only child, Elvira, so they took in a son out of wedlock of Marta Francisco-Reyes, sister of Petra.
    Though he was not legally adopted, the boy was given the name Fernando Periquet, Jr. and was
    reared to manhood by the spouses Periquet. On March 20, 1966, Fernando Periquet died. When
    Petra died, she was survived by her siblings, nieces and nephews and by the petitioner. But a few
    days before her death, Petra asked her lawyer to prepare her last will and testament. However,
    she died before she could sign it. In the said will, Petra left her estate to petitioner, Fernando
    Periquet, Jr. and provided for certain legacies to her other heirs. Felix Franciso, brother of Petra,
    assigned his hereditary rights to the petitioner. However, later on, he filed an action for
    annulment of the Assignment of Hereditary Rights claiming "gross misrepresentation and fraud,"
    "grave abuse of confidence," "mistake and undue influence," and "lack of cause and/or
    consideration" in the execution of the challenged deed of assignment.
    ISSUE:
    Whether or not the Assignment of Hereditary Rights is tainted with fraud.
    RULING:
    The kind of fraud that will vitiate a contract refers to those insidious words or
    machinations resorted to by one of the contracting parties to induce the other to enter into a
    contract which without them he would not have agreed to. In the case at bench, no such fraud
    was employed by herein petitioner. Resultantly, the assignment of hereditary rights executed by
    Felix Francisco in favor of herein petitioner is valid and effective.
    Felix Francisco could not be considered to have been deceived into signing the subject
    deed of assignment for the following reasons: The assignment was executed and signed freely
    and voluntarily by Felix Francisco in order to honor, respect and give full effect to the last wishes
    of his deceased sister, Petra. The same was read by him and was further explained by Atty.
    Diosdado Guytingco. Furthermore, witnesses for petitioner, who also served as witnesses in the
    execution and signing of the deed of assignment, declared that Felix Francisco was neither
    forced nor intimidated to sign the assignment of hereditary rights.

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