GR L 21027; (July, 1968) (Digest)
G.R. No. L-21027 July 20, 1968
TESTATE ESTATE OF THE DECEASED TEODORO T. CRUZ. JUAN GUTIERREZ, ET AL., petitioners-appellees, vs. LUCIANO T. CRUZ, ET AL., oppositors-appellants.
FACTS
The Court of First Instance of Pangasinan admitted to probate the last will and testament of Teodoro T. Cruz and ordered the summary settlement of his estate, adjudicating thirteen parcels of land in favor of the persons mentioned in the will. Some heirs moved to eliminate the order for summary settlement, arguing that the lands were conjugal properties of the testator and his predeceased wife, Honorata Aquino, and that the dispositions, made under the old Civil Code, should conform to the new Civil Code. The court denied the motion, finding no impairment of legitimes. No appeal was taken from this order. Later, the same heirs petitioned for the appointment of an administrator, alleging there were three other parcels not included in the will and that one parcel in the will had been sold. Oppositors asserted the issues were already final and the heirs had accepted their shares. The court appointed an administrator, which was affirmed by the Court of Appeals. The administrator submitted a project of partition. Oppositors-appellants opposed it, arguing it disregarded the probated will and the final summary settlement.
ISSUE
Whether the estate of Teodoro T. Cruz, which had been summarily settled by a final decision in accordance with his probated will, can be partitioned anew through a different project of partition.
RULING
No. The order of summary settlement based on the probated will has long become final, as no appeal was taken from it. The court had already declared that the testamentary dispositions did not grant more than what the testator could dispose of and did not impair the legitimes of the heirs. Furthermore, all distributees, including the petitioners-appellees, had accepted their respective shares, with some taking possession, having titles transferred, or selling their shares. Acceptance of an inheritance, once made, is irrevocable. Therefore, a new project of partition for the same properties is no longer legally feasible. With respect to the three other parcels not mentioned in the will, their ownership is disputed and must first be resolved in an appropriate proceeding before any partition. The order approving the new project of partition is set aside.