BONDS OF EXECUTORS AND ADMINISTRATOR
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
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LSPU College of Law
Intestate estate of Concepcion Gerona.
IGNACIO ARROYO, Petitioner-Appellee,
vs.
JACOBA GERONA, ET AL., Movants-Appellants.
G.R. No. 33023 September 16, 1930
Villamor, J.:
Facts:
In the course of the intestate proceedings of the estate of Concepcion Gerona, Ignacio Arroyo filed an application on September 5, 1928, alleging that Victor, Jacoba, Patricia, Coriaca and Clara executed an agreement of partition and adjudication in favor of Arroyo.
On October 8, 1928, the court issued an order declaring Ignacio Arroyo, Victor, Jacoba, Patricia, Ciriaca and Clara all surnamed Gerona as heirs of the late Concepcion Gerona. The said heirs executed two (2) agreements adjudicating upon Ignacio their rights to the subject property. Victor, already deceased his rights transferred to his children Maria and Blas Gerona. The court stayed the approval of the stipulation until the personal acquiescence of said Maria.
However, after ratification of the agreement, the Gerona sisters filed a petition for the annulment of the agreement of June 13, 1913 for being contrary to law and the agreement of September 27, 1928, as having been surreptitiously and fraudulently executed, thereby rendering nugatory the order issued on October 8, 1928.
On September 18, 1929, the court ruled itself incompetent to grant the petition filed by Ciriaca, Jacoba, Clara, and Patricia, surnamed Gerona, and dismissed the motion, without passing upon the validity of the agreements entered into on June 13, 1913, and on September 27, 1928, which were left for decision in an ordinary suit.
Apellants moved for reconsideration but the court denied the motion. Hence this appeal.
Issue:
Whether or not the court that approved the agreement of partition dated June 13, 1913, can annul said agreement and vacate the order on the ground of fraud.
Ruling:
Yes. The court that approved the partition and the agreement ratifying the same may annul both in case such approval was obtained by deceit or fraud; and the petition must be filed in the intestate proceedings, for the general rule is, that probate courts are authorized to vacate any decree or judgment procured by fraud, not only while the proceedings in the course of which it was issued are pending, but even during a reasonable time thereafter.