This case has been cited 1 times or more.
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2014-01-15 |
BERSAMIN, J. |
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| Lastly, the inventory of the estate of Emigdio must be prepared and submitted for the important purpose of resolving the difficult issues of collation and advancement to the heirs. Article 1061 of the Civil Code required every compulsory heir and the surviving spouse, herein Teresita herself, to "bring into the mass of the estate any property or right which he (or she) may have received from the decedent, during the lifetime of the latter, by way of donation, or any other gratuitous title, in order that it may be computed in the determination of the legitime of each heir, and in the account of the partition." Section 2, Rule 90 of the Rules of Court also provided that any advancement by the decedent on the legitime of an heir "may be heard and determined by the court having jurisdiction of the estate proceedings, and the final order of the court thereon shall be binding on the person raising the questions and on the heir." Rule 90 thereby expanded the special and limited jurisdiction of the RTC as an intestate court about the matters relating to the inventory of the estate of the decedent by authorizing it to direct the inclusion of properties donated or bestowed by gratuitous title to any compulsory heir by the decedent.[38] | |||||