GR L 493; (April, 1949) (Digest)
March 10, 2026GR L 855; (April, 1949) (Digest)
March 10, 2026G.R. No. L-2027; October 14, 1950
Testate estate of Alejandro Gonzales y Tolentino. MANUEL GONZALES, oppositor-appellee, vs. MANUELA VDA. DE GONZALES, ALEJANDRO GONZALES, JR., MANUELA GONZALES DE CARUNGCUNG, and JUAN GONZALES, petitioners-appellants.
FACTS
Alejandro Gonzales y Tolentino died testate in 1932. Among his properties was Hacienda Toboy. In 1924, he donated propter nuptias one-fifth (1/5) of this hacienda to his son, Manuel Gonzales. After the will was probated, a project of partition was approved in 1942, setting aside 1/5 of Hacienda Toboy for Manuel as the donation and dividing the remaining 4/5 among the five legitimate children, including Manuel. However, actual partition was delayed. In 1946, the trial court ordered the administrators to deliver the heirs’ shares and gave Manuel ten days to select his donated 1/5 portion. Manuel requested and was granted an extension. He eventually selected Lots 5 and 8 from a subdivision plan (Annex X) prepared by his co-heirs, which together exceeded the area of his donation. The trial court approved his selection. His co-heirs appealed, arguing that Manuel’s selection period had lapsed and that his chosen lots were the most valuable, prejudicing them.
ISSUE
Whether the trial court erred in allowing Manuel Gonzales to select his donated portion from Hacienda Toboy and in approving his selection of Lots 5 and 8, despite the excess area and alleged prejudice to his co-heirs.
RULING
The Supreme Court affirmed the trial court’s order. The right of Manuel to select his donated portion was acquiesced to by his co-heirs, and it was too late for them to object. The approval of his selection of Lots 5 and 8 was partly due to the co-heirs’ fault in submitting a subdivision plan that did not conform to the approved project of partition. Furthermore, the co-heirs did not timely question the court’s approval of the selection. To remedy the situation and carry out the project of partition, the Court ordered that after separating Lots 5 and 8 for Manuel, a new subdivision plan be made to divide the remaining hacienda into five portions among the heirs. Manuel’s total share should be reduced in area and possibly in value to account for the excess area he received and the higher value of his selected lots.
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