Non v.

Court of Appeals

G. R. No. 137287 15 February 2000

FACTS: Julian and Virginia Viado owned several properties which were inherited
by their children. Among the properties was a house in Quezon City (property).
Rebecca Viado-Non (Rebecca), her husband, and the family of her deceased
brother Nilo—his wife Alicia and their children (Alicia and kids)—lived in peace in
the house. Rebecca soon requested that the property be partitioned, to give
more room to growing children. Alicia refused. She claimed absolute ownership
over the property and demanded that Rebecca and her husband vacate the
property. In the ensuing legal battle, Alicia and kids presented documents
proving that Nilo owned the property: a deed of donation in his favour, and a
document signed by Rebecca and her sister Leah, expressing that they forfeit
their shares in the property in favour of Nilo. The trial court ruled for Alicia and her
children. The Court of Appeals affirmed the ruling, but ordered Alicia to pay her
sister-in-law Delia Viado. Delia was preterited, since she was not included in the
partition.

ISSUE: Whether the partition is valid, despite preterition

HELD: The partition is valid. Article 1104 of the Civil Code provides that the partition
is invalid if the preterition is attended by bad faith. In this case, however, there is
no proof of bad faith. The partition stands, but Delia has to be paid accordingly.