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    HEIRS OF PEDRO REGANON V IMPERIAL

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    Gabrielle De Vota
    The Supreme Court ruled that: 1) The property that was part of the estate of Eulogio Imperial and subject to an extrajudicial partition by his heirs could be subject to execution, as the estate had been settled and the heirs had full control over the property. 2) Monthly allowances given to Eulogio Imperial by the US Veteran's Administration during his lifetime for past services would normally be exempt from execution, but since the heirs had partitioned the estate, the money was now considered property of the individual heirs and could be subject to execution. 3) Rufino Imperial's share of the partitioned estate that was sought to satisfy an outstanding money judgment against him could be attached for

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    HEIRS OF PEDRO REGANON V IMPERIAL

    Uploaded by

    Gabrielle De Vota
    10 views2 pages
    The Supreme Court ruled that: 1) The property that was part of the estate of Eulogio Imperial and subject to an extrajudicial partition by his heirs could be subject to execution, as the estate had been settled and the heirs had full control over the property. 2) Monthly allowances given to Eulogio Imperial by the US Veteran's Administration during his lifetime for past services would normally be exempt from execution, but since the heirs had partitioned the estate, the money was now considered property of the individual heirs and could be subject to execution. 3) Rufino Imperial's share of the partitioned estate that was sought to satisfy an outstanding money judgment against him could be attached for

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    The Supreme Court ruled that: 1) The property that was part of the estate of Eulogio Imperial and subject to an extrajudicial partition by his heirs could be subject to execution, as the estate had been settled and the heirs had full control over the property. 2) Monthly allowances given to Eulogio Imperial by the US Veteran's Administration during his lifetime for past services would normally be exempt from execution, but since the heirs had partitioned the estate, the money was now considered property of the individual heirs and could be subject to execution. 3) Rufino Imperial's share of the partitioned estate that was sought to satisfy an outstanding money judgment against him could be attached for

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    10 views2 pages

    HEIRS OF PEDRO REGANON V IMPERIAL

    Uploaded by

    Gabrielle De Vota
    The Supreme Court ruled that: 1) The property that was part of the estate of Eulogio Imperial and subject to an extrajudicial partition by his heirs could be subject to execution, as the estate had been settled and the heirs had full control over the property. 2) Monthly allowances given to Eulogio Imperial by the US Veteran's Administration during his lifetime for past services would normally be exempt from execution, but since the heirs had partitioned the estate, the money was now considered property of the individual heirs and could be subject to execution. 3) Rufino Imperial's share of the partitioned estate that was sought to satisfy an outstanding money judgment against him could be attached for

    Copyright:

    © All Rights Reserved
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    HEIRS OF PEDRO REGANON v.

    IMPERIAL
    G.R. NO. L-24434, 17 JANUARY 1968
    J. BENGZON, J.P.

    FACTS: The lower court granted the complaint of the Heirs of Mr. Pedro Reganon to
    recover ownership and possession of about ½ portion of a parcel of land situated in Miasi,
    Polanco, Zamboanga del Norte, with damages against Rufino Imperial, one of the heirs of
    Eulogio Imperial, and a writ of execution was then later issued.

    Much later, the heirs of Eulogio executed a Deed of Extrajudicial Partition of the
    residuary estate, wherein P1471.97 was apportioned to Mr. Rufino. Upon hearing this, the
    Heirs of Mr. Reganon moved for the issuance of an alias writ of execution to withhold the
    share of Mr. Rufino, and to deliver and apply the same to the satisfaction of the balance of
    the money judgment, to which the lower court granted.

    Mr. Rufino, through counsel, sought to appeal from the execution on the ground that
    the money accumulated is still considered in legal custody (custodia legis) and therefore
    cannot be attached to the execution order, and that being a residuary state of a US Veteran,
    which consists in the aggregate accumulated sum from the monthly allowances given him
    by the United States Veterans Administration (USVA) during his lifetime, should be exempt
    from execution.

    QUESTION (1): May the property under custodia legis be subject for execution?

    HELD: YES, the property cannot be subject for execution.

    The Supreme Court, in De Borja, et al. v. De Borja (1961), held that the interest of the
    heir in the estate of a deceased person may be attached for purposes of execution, even if the
    estate is in the process of settlements before the courts.

    In the given facts, it is admitted that the heirs of Eulogio Imperial, including Rufino,
    executed a Deed of Extrajudicial Partition. The document alone suffices to settle the entire
    estate of the decedent – provided that all the requisites have been fulfilled – even without
    approval of the court. Therefore, the estate of the decedent Eulogio Imperial has been
    practically settled, and the heirs are at full liberty to withdraw the residuary estate and
    divide it amongst themselves.

    QUESTION (2): Are monthly allowances given to the decedent by the United States Veteran
    Administration during his lifetime exempt from execution?

    HELD: NO, the monthly allowance can be the subject of execution.


    The Supreme Court held that any pension, annuity, or gratuity granted by a
    government to its officers or employees in recognition of past services rendered, is
    primordially aimed at tiding them over during their old age and/or disability. This is
    therefore a purely personal right founded on necessity.

    In the given facts, however, because of the execution of the Deed of Extrajudicial
    Partition by the heirs, including Rufino, over the aforementioned property, the same is no
    longer considered property of the estate but of the individual heirs.

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