G.R. No. L-45508. April 27, 1939.

SEGUNDA DEVEZA, petitioner, vs. ERIBERTO BALMEO, ET AL., respondents.

FACTS

This is a second appeal to the Supreme Court in a suit for partition of the properties of the deceased Mateo Balmeo. In the first appeal (Balmeo vs. Deveza), the Supreme Court ruled that the partition must first determine the exclusive properties of the deceased and liquidate the conjugal partnership between Mateo and his widow, Segunda Deveza, before partitioning the estate. The Court of First Instance appointed commissioners who, without making such prior determination and liquidation, partitioned all properties listed in the complaint into two equal parts, adjudicating one part in naked ownership to the siblings (Maria, Felix, and Eriberto Balmeo) and the other in usufruct to the widow. The Court of Appeals affirmed this partition. Segunda Deveza appealed, arguing the commissioners violated the Supreme Court’s prior directive.

ISSUE

Whether the commissioners of partition erred by partitioning all properties without first liquidating the conjugal partnership and determining the exclusive properties of the deceased, as previously ordered by the Supreme Court.

RULING

Yes. The Supreme Court reversed the decision of the Court of Appeals. The commissioners’ partition was invalid because it completely departed from the Court’s explicit order in the first appeal. That order required a prior liquidation of the conjugal partnership to determine the deceased’s exclusive properties and his one-half share of the conjugal property before any partition. The commissioners failed to do this and instead partitioned all properties indiscriminately. The case was remanded with instructions for the commissioners to conduct a new partition in accordance with the Court’s prior decision.

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