WAIVER OF RIGHTS

MICHAEL C. GUY vs. COURT OF APPEALS

G.R. No. 163707
September 15, 2006
Facts:
On October 29, 1992, Sima Wei died in Makati City leaving an estate valued 10
million more or less. His known heirs are his spouse Shirley Guy with their children five
children. On June 13, 1997, private respondents Karen Oanes Wei and Kamille Oanes
Wei represented by their mother Remedios filed a petition for letters of administration
before the Regional Trial Court alleging that they are duly acknowledged illegitimate
children of Sima Wei. However, petitioner and co-heirs alleged that private respondents
claim had been paid, waived, abandoned, or otherwise extinguished by Remedios June
7, 1993 Release and Waiver of Claim stating that in exchange for the financial and
educational support received from petitioner, Remedios and her minor children
discharge the estate of Sima Wei and any and all liabilities.
The petition was denied in the lower court and the motion for reconsidered
dismissed in the Court of Appeals. Hence, this petition was made.
Issue:

Whether or not the Release and Waiver of Claim bar respondents from claiming
successional rights.
Ruling:
The Release and Waiver of Claim does not bar respondents from claiming
successional rights because it does not state with clarity the purpose of its execution. It
merely states that Remedios received Php 300,000 and an educational plan for her
daughters. The document does not specifically mention private respondents hereditary
rights, hence it cant be construed as a waiver of successional rights. The Supreme
Court held that under Art. 1044 of the Civil Code any inheritance left to minors or
incapacitated persons may be accepted by their parent or guardian. Parents may
repudiate the inheritance only by judicial authorization. Not having been judicially
approved, the release and waiver claim is null and void. The Supreme Court affirmed the
decision of the Court of Appeals.