KRISTINE MAE A.

RIVERA
COLLATION
1) Diana and her beloved boyfriend were given wedding gifts in advance by parents
consisting of jewelry that exceeds the value of the free portion. Is it required that the
donation be brought into the mass of the estate?

2) The law provides for the only situation where grandchildren shall inherit in their own
right and not by right of representation, such as when all the children of the decedent
repudiated their inheritance. Are these grandchildren required to collate what their parent
may have gratuitously received from the grandparent?
PARTITION
1) Mae is a grandchild of Don Bert who was the registered owner of a parcel of land
with improvements located in Bambang, Nueva Vizcaya. Mae together with her other
cousins initiated an instant complaint for the partition of Don Bert’s property. They
alleged that they, together with Don Bert’s wife were co-owners of the subject property
by virtue of successional rights as heirs of Don Bert. Respondents admitted the allegation
and interposed no objection to the partition. The respondent, however, argue that
administration proceeding for the settlement of the estate of the deceased is a condition
that has to be met before any partition of the estate and any distribution thereof to the
heirs could be effected.
RTC ruled that the estate of a deceased who died intestate maybe partitioned
without the need of any settlement or administration proceeding. Is the action of the RTC
tenable? Why?

2) Is partial partition not allowed by law? Explain.

RESCISSION AND NULLITY OF PARTITION
1) Don Bert begot children, Ben being the eldest. Sometime in 1969, Ben and his
siblings participated in a simulated Deed of Sale covering several parcels of land in favor
of Ben in order to reduce the inheritance taxes. Sine the sale was only made for taxation
purposes and no monetary consideration was given, Don Bert continued to own, possess,
and enjoy the lands and their produce. Don Bert died on October 11, 1972. Don Bert’s
heirs executed a Deed of extra-Judicial Partition excluding the land with an issue of
simulated deed of sale for tax purposes. Can a valid rescission and nullity of partition be
made?
2) What if the partition was made in 1974 and the rescission on account of lesion
was made in 1980. What would be the effect to the partition?