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    Viado Non vs. CA (Succession Case)

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    jokuan
    1) The case involves a dispute over ownership of a property inherited by the children of Julian and Virginia Viado. 2) After the deaths of Julian and Virginia, their children and grandchildren lived together on the property. However, a dispute arose when one daughter, Rebecca, wanted the property divided between the two family lines. 3) Nilo's wife and children claimed full ownership based on documents executed years after the deaths giving Nilo's share to him, which the other siblings later waived their rights to. However, one sibling, Delia, was excluded as she was retardate.

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    Viado Non vs. CA (Succession Case)

    Uploaded by

    jokuan
    390 views1 page
    1) The case involves a dispute over ownership of a property inherited by the children of Julian and Virginia Viado. 2) After the deaths of Julian and Virginia, their children and grandchildren lived together on the property. However, a dispute arose when one daughter, Rebecca, wanted the property divided between the two family lines. 3) Nilo's wife and children claimed full ownership based on documents executed years after the deaths giving Nilo's share to him, which the other siblings later waived their rights to. However, one sibling, Delia, was excluded as she was retardate.

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    1) The case involves a dispute over ownership of a property inherited by the children of Julian and Virginia Viado. 2) After the deaths of Julian and Virginia, their children and grandchildren lived together on the property. However, a dispute arose when one daughter, Rebecca, wanted the property divided between the two family lines. 3) Nilo's wife and children claimed full ownership based on documents executed years after the deaths giving Nilo's share to him, which the other siblings later waived their rights to. However, one sibling, Delia, was excluded as she was retardate.

    Copyright:

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

    Viado Non vs. CA (Succession Case)

    Uploaded by

    jokuan
    1) The case involves a dispute over ownership of a property inherited by the children of Julian and Virginia Viado. 2) After the deaths of Julian and Virginia, their children and grandchildren lived together on the property. However, a dispute arose when one daughter, Rebecca, wanted the property divided between the two family lines. 3) Nilo's wife and children claimed full ownership based on documents executed years after the deaths giving Nilo's share to him, which the other siblings later waived their rights to. However, one sibling, Delia, was excluded as she was retardate.

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    © All Rights Reserved
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    of 1

    VIADO NON VS.

    CA
    G.R. No. 137287, 15 February 2000
    FACTS: Spouses Julian and Virginia Viado owned, among others, a house and lot
    pertained to as the Isarog property. Virginia died on 20 October 1982, followed by
    Julian 3 years later. Left as heirs were their children namely: Rebecca Viado Non,
    Delia Viado, Nilo Viado, and Leah Viado Jacobs. Both Nilo and Leah died on 22 April
    1987. Nilo left as heirs his wife Alicia and their 2 children. The children of spouses
    Viado lived in the Isarog property together with Nilos widow and children. However,
    a dispute arose when Rebecca Viado Non asked that the property be divided equally
    between the 2 families to make room for their growing children. Nilos wife and
    children claimed absolute ownership over the property evidence by a deed of
    donation executed by Julian in favour of Nilo, covering his conjugal share, and a
    deed of extrajudicial partition settlement in which Julian, Leah, and Rebecca waived
    in favour of Nilo all their interests and rights over their share of the property
    inherited from Virginia. Both documents were registered 5 years after its execution,
    and a new TCT is issued by the Register of Deeds in Nilos favor. Petitioner Rebecca
    contends that Delia Viado, their retardate sister, was not part of the extrajudicial
    settlement, and hence amounts to preterition which should invalidate the
    settlement. Both the trial court and CA ruled in favor of Nilos wife and children.
    Hence this appeal.
    ISSUE: Whether or not Delias exclusion from the extrajudicial settlement amounts
    to preterition?
    RULING: Yes. However, in the absence of bad faith and fraud, Article 1104 of the
    Civil Code must apply which, in essence, provides that where the preterition is not
    attended by bad faith and fraud, the partition shall not be rescinded but the
    preterited heir shall be paid the value of the share pertaining to her.

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