succession_heirs of reganon vs imperial 22 scra 80

7/17/2019 Succession_Heirs of Reganon vs Imperial 22 Scra 80

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HEIRS OF REGANON vs. RUFINO IMPERIALG.R. No. L-24434 (22 SCRA 80)

Jana!" #$% #&'8

FACS

Residuary Estate of Eulogio Imperial – money accumulated in his guardianship proceedings from the monthly allowances given to him by the US Veterans Administration during his lifetime.

• The Heirs of Pedro Reganon led a complaint for recovery of ownership and

possession of about 1 hectare portion of a parcel of land in amboanga !el "orteaa*ns+ R,no I/!*a.

• Trial court rendered a decision declaring the heirs of Reganon as lawful owners of the

land and entitled to its peaceful possession# ordering Imperial to immediately vacatethe portion occupied by him$ The court sentenced him to pay plainti%s the amount of P#%&2&.20 and the costs$

• & writ of e'ecution was granted by the RT( and the deputy provincial sheri%

submitted a sheri%)s return reporting the a!n*s1/n+ o a a!aao an5 oa+ o I/!*a o! P#63.00 an5 a++a1/n+ 7 sa/ o 5//n5an+s an5 o!P600.00. *In short# ang properties ni Imperial were not enough to satisfy the

+udgment,

• However# on -arch 1.# 1/0# PN9 5/os*+/5 with P"23!ipolog 2ranch +1/

!/s*5a!" /s+a+/ o *+s o!/! :a!5% EULOGIO IMPERIAL *predecessor of defendant, *n +1/ aon+ o P#0%303.80.

• The heirs of Eulogio Imperial **n5*n +1/ 5//n5an+) /;/+/5 a <//5 o

E;+!a=5**a Pa!+*+*on o +1/ R/s*5a!" Es+a+/ wherein 5//n5an+ :as

ao!+*on/5 :*+1 P#%4$#.&$.

• 4hen petitioners learned about this development# they led an /; a!+/ o+*on o!

*ssan/ o an a*as :!*+ o /;/+*on and of an order directing the manager of P"2 !ipolog to 1o5 +1/ s1a!/ o 5//n5an+ an5 5/*v/! +1/ sa/ +o +1/!ov*n*a s1/!*> +o / a*/5 +o +1/ sa+*sa+*on o +1/ aan/ o +1/on/" =5/n+.

• RT( granted the motion and the deputy provincial sheri% notied the defendant of

the garnishment of the rights# interests# shares and participation that defendant mayhave over the residuary estate of the late Eulogio Imperial consisting of the moneydeposited in P"2 !ipolog$

<//n5an+s A!/n+s?- The property of an incompetent under guardianship is in custodia legis and

+1/!/o!/ anno+ / a++a1/5.

RULING

1$ Upon the death of the ward, is the money accumulated in his guardianship proceedings (deposited in the bank) still considered in custodia legis and thereforecannot be attached?



NO. 1/ on/" 5/os*+/5 *n +1/ an@ *s no on/! ons*5/!/5 *n s+o5*a/*s an5 an +1/!/o!/ / a++a1/5.

The "ew Rules of (ourt provides for the procedure to be followed in case what is attached isin custodia legis. The clear import of this new provision is that !o/!+" n5/! s+o5*a

/*s *s NO AACHA9LE% s=/+ +o +1/ o5/ s/+ o!+1 *n sa*5 !/.

2esides# +1/ :a!5 1av*n 5*/5% +1/ a!5*ans1* !o//5*ns no on/!ss*s+ since death of the ward necessarily terminates the guardianship# andthereupon all powers and duties of the guardian ceases# e'cept the duty# which remains# toma5e proper accounting and settlement in the probate court$

2ranch I of (6I amboanga del "orte *where the guardianship proceedings were heard,directed P"2 *guardian, to deposit the residuary estate of Eulogio Imperial *ward, with itsban5 agency in !ipolog# in the name of the estate of the deceased ward Eulogio Imperial#preparatory to the eventual distribution of the same to the heirs when the latter shall be

5nown# and 7upon proof of deposit of said residuary estate, the guardian Philippine National Bank shall

forthwith be relieved from any responsibility as such, and this proceeding shall be considered closed and

terminated.”

1*s on5*+*on 1as //n ,/5 " PN9 :1/n *+ 5/os*+/5 +1/ on/" :*+1 PN9<*oo.

2. Was there transmission of rights from the death the ward, Eulogio mperial infa!or of his heirs?

BES. 1/n Eo*o I/!*a 5*/5 on S/+. #3% #&'2% +1/ !*1+s +o 1*ss/ss*on FROM HE MOMEN OF HIS <EAH- :/!/ +!ans*++/5 +o 1*s1/*!s% on/ o :1o *s 1*s son RUFINO IMPERIAL.

This automatic transmission cannot but proceed with greater ease and certainty than in thiscase where the parties agree that the residuary estate is not burdened with any debt$ 6or#the rights to the succession of a person are transmitted from the moment of death# and

where# as in this case# the heir is of legal age and the estate is not burdened withany debts# said heir immediately succeeds# by force of law# to the dominion#ownership# and possession of the properties of his predecessor and conse8uentlystands legally in the shoes of the latter$

That theINTEREST OF AN HEIR IN THE ESTATE of a deceased person MAY BE

ATTACHED for purposes of execution, even if the estate is in the process of settlement

before courts ,is already a settled matter in this jurisdiction.

The heirs of Eulogio Imperial# including defendant# e'ecuted a !eed of E'tra+udicial Partition

which su9ces to settle the entire estate of the deceased$ 1/!/o!/% +1/ /s+a+/ o! a!a+*a !os/s 1av/ //n s/++/5. 1/ 1/*!s a!/ a+ */!+" +o :*+15!a:+1/ !/s*5a!" /s+a+/ !o +1/ an@ an5 5*v*5/ *+ aon +1/s/v/s.

.$ s the residuary estate of a U" #eteran (Eulogio mperial) e$empt from e$ecution?



NO. 1/ !/s*5a!" /s+a+/ o Eo*o I/!*a *s NO EDEMP !o/;/+*on.

&ny pension# annuity# or gratuity granted by a :overnment to its o9cers or employees inrecognition of past services rendered# is primordially aimed at tiding them over during theirold age and;or disability$ This is therefore a right personalissima# purely personal because

founded on necessity$

It re8uires no argument to show that where the recipient dies# the necessity motivating orunderlying its grant necessarily ceases to be$ Even more so in this case where the lawproviding for the e'emption is calculated to benet <$=$ veterans residing here# and istherefore merely a manifestation of comity$

2esides# as earlier stated# the heirs of Eulogio Imperial# one of whom is appellant#have already e'ecuted a !eed of E'tra+udicial Partition > the end result of which isthat the property is no longer the property of the estate but of the individual heirs$

When the heirs by mutual agreement have divided the estate among themselves# one of the heirs

cannot therefore secure the appointment of an administrator to ta5e charge of and

administer the estate or a part thereof$ The property is no longer the property of the estate, but of

the individual heirs, whether it remains undivided or not$

succession_heirs of reganon vs imperial 22 scra 80

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