Alejandrino vs. Court of Appeals 295 SCRA 536, September 17, 1998
Alejandrino vs. Court of Appeals 295 SCRA 536, September 17, 1998
In the decision of the trial court, it upheld that Mauricia Alejandrino and Laurencia
Alejandrino had entered into an ‘Extrajudicial Settlement of Estate’ whereby they
agreed to divide the land subject of this case with Laurencia Alejandrino owning 146
square meters in the frontage and Mauricia Alejandrino owning 75 square meters in the
back portion.
Held: Yes. The execution of the deed of extrajudicial settlement of the estate
reflected the intention of both Laurencia and petitioner Mauricia to physically
divide the property. Both of them had acquired the shares of their brothers and
therefore it was only the two of them that needed to settle the estate. The fact
that the document was not notarized is no hindrance to its effectivity as regards
the two of them. The partition of inherited property need not be embodied in a
public document.
That document was formally offered in evidence and the court is deemed to have
duly considered it in deciding the case. The court has in its favor the
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presumption of regularity of the performance of its task that has not been
rebutted by petitioner Mauricia. Neither may the fact that the other heirs of the
Alejandrino spouses, named Marcelino, Gregorio, Ciriaco and Abundio did not
participate in the extrajudicial settlement of estate affect its validity. In her
amended complaint in Civil Case No. CEB-11673, petitioner Mauricia herself
admitted having acquired by purchase the rights over the shares of her brothers.