This case has been cited 1 times or more.
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2013-10-02 |
PEREZ, J. |
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| The above assertion of denial is simply a self-serving declaration unsupported by evidence. This renders conclusive the stipulations made during the pre-trial conference. Consequently, respondents are bound by the infirmities of the contract on which they based their right over the property subject matter thereof. Considering that the infirmities in the two deeds relate to exclusion of heirs, a circumvention of an heir's right to his or her legitime, it is apt to reiterate our ruling in Neri v. Heirs of Hadji Yusop Uy,[44] disposing that: Hence, in the execution of the Extra-Judicial Settlement of the Estate with Absolute Deed of Sale in favour of spouses Uy, all the heirs of Anunciation should have participated. Considering that Eutropia and Victoria were admittedly excluded and that then minors Rosa and Douglas were not properly represented therein, the settlement was not valid and binding upon them and consequently, a total nullity. (Highlighting ours) | |||||