De Borja

vs.

Vda. de Borja 46 SCRA 577

FACTS:

Francisco de Borja filed a petition for the probate of the will of her wife Josefa Tangco upon her death.
He was appointed executor and administrator while Jose de Borja (their son) was appointed co-
administrator. Francisco had taken a 2nd wife Tasiana, When Francisco died, Jose became
sole administrator. before he died, and she instituted testate proceedings upon his death Tasiana will
be appointed as special administatrix.

The relationship between the children of the first marriage and Tasiana Ongsingco has been plagued
with several court suits and counter-suits.

Thus, Jose and Tasiana entered into a compromise agreement to put an end to all of the pending
litigations. However, Tasiana argues that compromise agreement was not valid, because the heirs
cannot enter into such kind of agreement without first probating the will of Francisco, and at the time
the agreement was made, the will was still being probated.

ISSUE:

Whether or not the compromise agreement is valid, even if the will of Francisco has not yet been
probated.

HELD:

COMPROMISE AGREEMENT IS VALID

Heir may sell her hereditary rights to co-heir. As owner of her individual share, an heir could dispose of it
in favor of whomsoever she chose, including another heir of the same defendant. Such alienation
is expressly recognized and provided for by Article 1088 of the present Civil Code

Compromise agreement does not compromise the status of heir and her marriage. Contract which
describes one of the heirs as “the heir and surviving spouse of Francisco de Borja by his second
marriage, Tasiana Ongsingco Vda. deBorja,” in itself is a definite admission of such heir’s civil
status in relation to the decedent. There is nothing in the text of the agreement that would show
that this recognition of Ong-singco’s status as the surviving spouse of Francisco deBorja was only
made in consideration of the cession of her hereditary rights.