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JLT Agro v. Balasag
JLT Agro v. Balasag
BALASAG
453 SCRA 211
FACTS:
Don Julian had two marriages during his lifetime. During his first one, with Antonia, he had
two children. In the second marriage, he had 4 children with Milagros. Upon the death of
Antonia, the first children sought the partition of the property. On the disputed Lot 63, there
was a compromise agreement entered into by the parties whereby Lot 63 was supposed to
be exclusively adjudicated in favor of his second wife and children by the same.
HELD:
The partition inter vivos of Don Julian is valid. Considering however that such would be
effective upon his death only, the right of his heirs from the second marriage would become
legally operative only upon the death of Don Julianall is just a mere expectancy. Evidently,
at the time of execution of deed of assignment, Julian remained the owner of the properties.