Temere Animus

CASE DIGEST Samaniego - Celada vs Abena  G.R. No. 145545 | June 30, 2008  Topic: Presumption of sound mind, failure to establish evidence to contrary; Error in the number of pages of the will as stated in the attestation clause is not material to invalidate the subject will; compulsory heirs under Art. 887, NCC  Facts:  Petitioner Paz Samaniego-Celada was the first cousin of decedent Margarita S. Mayores (Margarita) while respondent was the decedent’s lifelong companion since 1929. Sometime in 1987, Margarita died single and without any neither ascending nor descending heirs as her parents, grandparents and siblings predeceased her and were survived by her first cousins who included petitioner.  Before her death, Margarita executed a Last Will and Testament where she bequeathed one-half of her undivided shares of a real property to respondent, Norma Pahingalo, and Florentino Abena in equal shares or one-third portion each; bequeathed also one-...

CASE DIGEST Quasha v. LCN Construction,  G.R. No. 174873 | 26 August 2008  Topic: Partition; Distribution of the estate  Facts:   Raymond Triviere passed away and a proceeding for the settlement of his intestate estate was instituted by his widow, Amy Consuelo Triviere and its counsel. The LCN Construction, as the only remaining claimant against the Intestate Estate of the Late Raymond Triviere filed its Comment on/Opposition to the Motion of payment filed by counsel of petitioner, and argued that RTC had already resolved the issue of payment of litigation expenses when it denied the first Motion for Payment filed by the counsel for petitioner for failure of the administrators to submit an accounting of the assets and expenses of the estate as required by the court. It also averred that claims are still outstanding and chargeable against the estate of the late Raymond Triviere; thus, no distribution should be allowed until they have been paid. The RTC...