Case Title(s) and Citation Legal Question/problem/issue Presented by The Case(s) Why Is This A Problem? Legal Provisions/Legal Principle or Rule Involved Conclusion Balus v. Balus

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Legal Provisions/Legal
Case Title(s) and question/problem/issue
Why is this a problem? principle or Rule Conclusion
Citation presented by the
Involved
case(s)
Balus v. Balus Is the subject land part On January 3, 1979, Rufo mortgaged a Article 777 of the New No, the subject land is not part of the
of the Estate of Rufo? parcel of land as security for a loan he Civil Code provides that estate of Rufo.
G.R. No. 168970, obtained from the Rural Bank of the rights to a person’s
January 15, 2010 Maigo, Lanao del Norte. Rufo failed to succession are Rufo lost ownership of the subject
pay his loan. As a result, the mortgaged transmitted from the property during his lifetime, it only
property was foreclosed and was moment of his death. follows that at the time of his death, the
subsequently sold to the Bank. The disputed parcel of land no longer
property was not redeemed within the The inheritance of a formed part of his estate to which his
period allowed by law. The sheriff then person consists of the heirs may lay claim. His children never
executed a Definite Deed of Sale in the property and inherited the subject lot from their
Bank’s favor. transmissible rights and father.
obligations existing at
Rufo died on July 6, 1984. On October the time of his death, as
10, 1989, his three children executed well as those which
an Extrajudicial Settlement of Estate have accrued thereto
adjudicating to each of them a specific since the opening of the
one-third portion of the subject succession.
property.

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