GR L 1259; (April, 1949) (Digest)
G.R. No. L-1259; April 27, 1949
In the matter of the intestate of the deceased MARCELO DE BORJA. CRISANTO DE BORJA, administrator-appellee, FRANCISCO DE BORJA ET AL., heirs and appellees, vs. JULIANA DE BORJA, oppositor-appellant.
FACTS
Marcelo de Borja died intestate in 1927, leaving a considerable estate. His intestate proceedings remained pending for over twenty years due to the heirs’ inability to agree on a partition plan. The four legitimate heirs were Francisco de Borja, Quintin de Borja (deceased), Juliana de Borja, and Crisanta de Borja (deceased). After repeated failures to agree, the trial court appointed two commissioners to draft a project of partition. The commissioners submitted their project on February 8, 1944, which the court approved despite opposition from appellant Juliana de Borja. Juliana appealed, arguing she was not heard by the commissioners, that the partition violated an alleged understanding among heirs, and that she was unfairly excluded from a specific building.
ISSUE
Whether the trial court erred in approving the commissioners’ project of partition over the objections of appellant Juliana de Borja.
RULING
No, the trial court did not err. The Supreme Court affirmed the order approving the partition. Appellant’s claim of lack of hearing before the commissioners was not raised in the trial court and, in any event, she was fully heard on her objections during the court proceedings. The alleged understanding among heirs was contradicted by the record showing no final agreement. The partition of the building excluding appellant was based on practical convenience to avoid co-ownership and friction, and her overall share, valued at P80,595.05, was substantially equal to the others. The Court emphasized the policy to expedite estate proceedings and avoid excessive delays that consume the estate.
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