CIVIL LAW REVIEW I – ATTY.

LEGARDA

Bautista v Grino Aquino AUTHOR: Tan, Louis

[G.R. No. 79958; October 28, 1988] NOTES:
TOPIC: Partition
PONENTE: J. Gancayco
CASE LAW/ DOCTRINE: Under Section 1, Rule 74 of the Rules of Court an extrajudicial settlement of the Estate
applies only to the estate left by the decedent who died without a will, and with no creditors, and the heirs are all of age
or the minors are represented by their judicial or legal representatives. If the property does not belong to the estate of
the decedent certainly it cannot be the subject matter of an extrajudicial partition.
FACTS:
 The land in question is registered in the name of petitioner Manuel Bautista, which he inherited from his father.
 A Deed of extrajudicial Partition was executed by the private respondents for the estate of Juliana, Manuel’s first
wife, covering the same property. Manuel denied participation in the deed.
 The property was thereafter sold by private respondents in favor of Manolito Bautista.
 Petitioners instituted this case to declare the Deed of Extrajudicial Partition null and void.
ISSUE(S): WON the property of the surviving husband can be the subject of an extrajudicial partition of the estate of
the deceased wife.

HELD: No.

RATIO:
 The extrajudicial partition was supposed to be a partition without court intervention of the estate of the late
Juliana Nojadera, first wife of Manuel Bautista, constituting the subject property. In the same document Manuel
Bautista appears to have waived his right or share in the property in favor of private respondents.
 However, the property subject matter of said extrajudicial partition does not belong to the estate of Juliana
Nojadera. It is the exclusive property of Manuel Bautista who inherited the same from his father Mariano
Bautista.
 Under Section 1, Rule 74 of the Rules of Court an extrajudicial settlement of the Estate applies only to the
estate left by the decedent who died without a will, and with no creditors, and the heirs are all of age or the
minors are represented by their judicial or legal representatives. If the property does not belong to the estate of
the decedent certainly it cannot be the subject matter of an extrajudicial partition.
 As the subject property does not belong to the estate of Juliana Nojadera, the Deed of Extrajudicial Partition, is
void ab initio being contrary to law. To include in an extrajudicial partition property which does not pertain to
the estate of the deceased would be to deprive the lawful owner thereof of his property without due process of
law. Only property of the estate of the decedent which is transmitted by succession can be the lawful subject
matter of an extrajudicial partition. In this case, the said partition obviously prejudices the right of Manuel
Bautista as exclusive owner of the property.
 Moreover, such extrajudicial partition cannot constitute a partition of the property during the lifetime of its
owner, Manuel Bautista. Partition of future inheritance is prohibited by law.
DISSENTING/CONCURRING OPINION(S):