Temere Animus

CASE DIGEST Ecarma vs CA G.R. No. 193374 | June 08, 2016  Topic: Partition and distribution of estate under Art. 1078 and 1081 of NCC; Facts:  Spouses Natalio and Arminda owned 4 properties designated as Kitanlad, Cuyapo and Lala consisting of 2 lots. They have 7 children among them were Gerry Ecarma and private respondent Renato Ecarma. Natalio predeceased Arminda, and therefater their children executed Extrajudicial Settlement of the Estate. No physical division of properties was effected and they remained in co-ownership even after the death of Arminda. Renato Ecarma as the Special Administrator in the intestate proceedings filed a Project of Partition because of the conflict between Gerry and the other heirs over actual division of their inherited properties. The legal heirs except Gerry expressed their desire to have the property partitioned.  Gerry objected because the proposed partition is not feasible, impractical and detrimental. The planned partition ...

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...