EN BANC

[G.R. No. L-24434. January 17, 1968.]

HEIRS OF PEDRO REGANON, JOVENCIA REGANON, MENCIAS

REGANON, JOSEFA REGANON, VIOLETA REGANON and FLORA
REGANON , plaintiffs-appellees, vs. RUFINO IMPERIAL , defendant-
appellant.

Torcuato L. Galon for plaintiffs-appellees.

V. Lacaya for defendant-appellant.

SYLLABUS

1. ATTACHMENT; PROPERTY IN CUSTODIA LEGIS; NEW RULES OF COURT,

EFFECT. — Under the old Rules it was held that property under custodial legis cannot be
attached. The New Rules, however, speci cally provides for the procedure to be
followed in case the property to be attached is in custodia legis. The clear import of
this new provisions is that property under custodia legis is now attachable, subject to
the mode set forth in said rule. (Rule 57, Section 7)
2. ID.; ID.; EFFECT OF DEATH UPON GUARDIANSHIP OF DECEASED WARD. —
The death of the ward necessarily terminates the guardianship and thereupon all
powers and duties of the guardian cease, except the duty which remains to make a
proper accounting and settlement in the probate court. Upon the death of the ward,
Eulogio Imperial on September 13, 1962, the rights to his succession from the moment
of his death were transmitted to his heirs.
3. SUCCESSION; AUTOMATIC TRANSMISSION OF RIGHTS TO HEIRS, UPON
MOMENT OF DEATH. — The rights to the succession of a person are transmitted from
the moment of death and, where, as in this case, the heir is of legal age and the estate is
not burdened with any debts, said heir immediately succeeds, by force of law to the
dominion, ownership and possession of the properties of his predecessor, and
consequently stands legally in shoes of the latter.
4. JUDGMENT; EXECUTION OF JUDGMENT; INTERESTS OF AN HEIR, IN
ESTATE OF DECEASED PERSON, SUBJECT TO ATTACHMENT FOR PURPOSES OF
EXECUTION. — The interest of an heir, in the estate of a deceased person may be
attached for purpose of execution even if the estate is in the process of settlement
before the courts. This is a settled matter in this jurisdiction.
5. SUCCESSION; EXTRAJUDICIAL PARTITION; EFFECT. — The Deed of
Extrajudicial Partition executed by the heirs on May 25, 1964, provided all the requisites
of its validity were ful lled — settled the entire estate of the decedent and the heirs
were at full liberty to withdraw the residuary estate from the Philippine National Bank —
Dipolog Branch, and divide it among themselves.
6. ID.; EXEMPTION FROM EXECUTION OF MONTHLY USVA ALLOWANCES, A
RIGHT PERSONALISSIMA, NOT TRANSMISSIBLE TO HEIRS OF THE DECEASED
VETERAN. — Any pension, annuity or gratuity granted by the Government in recognition
of past services rendered is primordially aimed at tiding its bene ciaries during their
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 old age and/or disability. This right is personalissima, purely personal, because founded
on necessity. Where the recipient dies, however, the motivating necessity underlying the
grant ceases to exist. With more reason in this case where the law (Rep. Act 360)
providing for exemption from execution is intended to bene t US veterans residing here
and is merely a manifestation of comity.
7. CIVIL LAW; PARTITION, EXTRAJUDICIAL; EFFECT THEREOF. — Where the
heirs have divided the estate among themselves through a Deed of Extra-Judicial
Partition, as in this case, the end result is that the property is no longer that of the
estate but of the individual heirs. Thus, one of the heirs cannot thereafter secure the
appointment of an administrator to take charge of and administer the estate or a part
thereof, which no longer pertains to the estate but to the individual heirs, whether it
remains undivided or not.

DECISION

BENGZON, J.P. , J : p

This is an appeal from the orders dated June 9, 1964, July 14, 1964 and August
11, 1964, respectively, of the Court of First Instance of Zamboanga del Norte (Dipolog,
Branch II).
The facts of the case are admitted by both parties.
On February 22, 1963, the heirs of Pedro Reganon led a complaint for recovery
of ownership and possession of about one- hectare portion of a parcel of land (Lot No.
1 or Lot No. 4952, situated at Miasi, Polanco, Zamboanga del Norte, covered by O.T.C.
No. 1447, with an area of 7,9954 hectares), with damages, against Rufino Imperial.
Defendant not having led an answer within the reglementary period, the
plaintiffs on April 8, 1963 led a motion to declare the former in default. The trial court
granted the motion in its order dated April 10, 1963.
On April 23, 1963, the plaintiffs presented their evidence ex parte before the
Clerk of Court acting as Commissioner.
The court a quo on May 6, 1963, rendered a decision declaring the plaintiffs
lawful owners of the land in question and entitled to its peaceful possession and
enjoyment; ordering defendant immediately to vacate the portion occupied by him and
to restore the peaceful possession thereof to plaintiffs; and sentencing defendant to
pay plaintiffs to amount of P1,929.20 and the costs.
On November 29, 1963, the plaintiffs led a motion for issuance of a writ of
execution. This was granted by the trial court in its order of December 9, 1963.
The Deputy Provincial Sheriff submitted on February 8, 1964 a sheriff's return of
proceedings reporting the garnishment and sale of a carabao and goat belonging to
defendant for P153.00, and the attachment and sale of defendant's parcel of land
covered by Tax Declaration No. 4694, situated in Sicet, Polanco, Zamboanga del Norte,
for P500.00 — both sales having been made to the only bidder, plaintiffs' counsel Atty.
Vic T. Lacaya.
On March 13, 1964, the Philippine National Bank deposited in the Philippine
National Bank-Dipolog Branch the residuary estate of its former ward, Eulogio Imperial,
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 in the sum of P10,303.80, pursuant to an order of Branch I of the Court of First Instance
of Zamboanga del Norte in Sp. Proc. No. R-145.
On May 25, 1964, the heirs of said Eulogio Imperial, one of whom is defendant,
executed a Deed of Extrajudicial Partition of the residuary estate, wherein was
apportioned — P1,471.97 as defendant Rufino Imperial's share.
Informed of this development, the plaintiffs led on June 5, 1964 an ex parte
motion for issuance of an alias writ of execution and of an order directing the manager,
or the representative, of the Philippine National Bank — Dipolog Branch, to hold the
share of defendant and deliver the same to the provincial sheriff of the province to be
applied to the satisfaction of the balance of the money judgment. This was granted by
the trial court (Branch II) in its order dated June 9, 1964.
On June 17, 1964, the Deputy Provincial Sheriff issued a sheriff's noti cation for
levy addressed to defendant, giving notice of the garnishment of the rights, interests,
shares and participation that defendant may have over the residuary estate of the late
Eulogio Imperial, consisting of the money deposited in the Philippine National Bank —
Dipolog Branch.
Defendant, through counsel, appearing for the rst time before the trial court, on
June 24, 1964 led a motion for reconsideration of the order dated June 9, 1964, and
to quash the alias writ of execution issued pursuant to it, to which plaintiffs led their
opposition on July 6, 1964. On July 14, 1964, the trial court denied defendant's
aforesaid motion.
Defendant's second motion for reconsideration likewise having been denied by
the trial court in its order of August 11, 1964, defendant appealed to Us, raising the
following issues:
(1) Upon the death of a ward, is the money accumulated in his guardianship
proceedings and deposited in a bank, still considered in custodia legis and therefore
not subject to attachment?
(2) Is the residuary estate of a U.S. veteran, which consists in the aggregate
accumulated sum from the monthly allowances given him by the United States
Veterans Administration (USVA) during his lifetime, exempt from execution?
Defendant-appellant argues that the property of an incompetent under
guardianship is in custodia legis and therefore can not be attached.
It is true that in a former case 1 it was held that property under custodia legis can
not be attached. But this was under the old Rules of Court. The new Rules of Court 2
now specifically provides for the procedure to be followed in case what is attached is in
custodia legis. 3 The clear import of this new provision is that property under custodia
legis is now attachable, subject to the mode set forth in said rule.
Besides, the ward having died, the guardianship proceedings no longer subsist:
"The death of the ward necessarily terminates the guardianship, and
thereupon all powers and duties of the guardian cease, except the duty, which
remains, to make a proper accounting and settlement in the probate court." 4

As a matter of fact, the guardianship proceedings was ordered conditionally

closed by Branch I of the Court of First Instance of Zamboanga del Norte in which it
was pending, in its order of February 8, 1964, where it stated —
"In the meantime, the guardian Philippine National Bank is hereby directed
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 to deposit the residuary estate of said ward with its bank agency in Dipolog, this
province, in the name of the estate of the deceased ward Eulogio Imperial,
preparatory to the eventual distribution of the same to the heirs when the latter
shall be known, and upon proof of deposit of said residuary estate, the guardian
Philippine National Bank shall forthwith be relieved from any responsibility as
such, and this proceedings shall be considered closed and terminated." 5
And the condition has long been ful lled, because on March 13, 1964 the Philippine
National Bank — Manila deposited the residuary estate of the ward with the Philippine
National Bank-Dipolog Branch, evidenced by a receipt attached to the records in Sp.
Proc. No. R- 145. 6
When Eulogio Imperial died on September 13, 1962, the rights to his succession
— from the moment of his death — were transmitted to his heirs, one of whom is his
son and heir, defendant-appellant herein. 7 This automatic transmission can not but
proceed with greater ease and certainty than in this case where the parties agree that
the residuary estate is not burdened with any debt. For,

"The rights to the succession of a person are transmitted from the moment
of death, and where, as in this case, the heir is of legal age and the estate is not
burdened with any debts, said heir immediately succeeds, by force of law, to the
dominion, ownership, and possession of the properties of his predecessor, and
consequently stands legally in the shoes of the latter." 8

That the interest of an heir in the estate of a deceased person may be attached for
purposes of execution, even if the estate is in the process of settlement before the
courts, is already a settled matter in this jurisdiction. 9 1 0 even without the approval of
the court. Therefore, the estate for all practical purposes has been settled. The heirs are
at full liberty to withdraw the residuary estate from the Philippine National Bank-
Dipolog Branch and divide it among themselves. The only reason they have not done so
is because of the alleged illegal withdrawal from said estate of the amount of
P1,080.00 by one Gloria Gomez by authority of Branch I of the Court of rst Instance of
Zamboanga del Norte, which incident is now on appeal before the Court of Appeals.
This appeal, however, does not detract any from the fact that the guardianship
proceedings is closed and terminated and the residuary estate no longer under
custodia legis.
Finally, it is defendant-appellant's position that the residuary estate of Eulogio
Imperial, a former U.S. veteran, having been set aside from the monthly allowances
given him by the United States Veterans Administration (USVA) during his lifetime, is
exempt from execution.
Any pension, annuity. or gratuity granted by a Government to its o cers 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 right personalissima,
purely personal because founded on necessity. It requires no argument to show that
where the recipient dies, the necessity motivating or underlying its grant necessarily
ceases to be. Even more so in this case where the law 1 1 providing for the exemption is
calculated to bene t U.S. veterans residing here, and is therefore merely a
manifestation of comity.
Besides, as earlier stated, the heirs of Eulogio Imperial, one of whom is appellant,
have already executed a Deed of Extrajudicial Partition — the end result of which is that
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 the property is no longer the property of the estate but of the individual heirs. And it is
settled that:
"When the heirs by mutual agreement have divided the estate among
themselves, one of the heirs can not thereafter secure the appointment of an
administrator to take charge of and administer the estate or a part thereof. The
property is no longer the property of the estate, but of the individual heirs, whether
it remains undivided or not." 1 2
WHEREFORE, the orders appealed from are hereby a rmed, with costs against
defendant-appellant. So ordered.
Concepcion, C.J., J.B.L., Reyes, Dizon, Makalintal, Zaldivar, Sanchez, Ruiz Castro,
Angeles and Fernando, JJ., concur.

Footnotes

1. Asia Banking Corp. v. Elser, 54 Phil. 994.

2. Effective January 1, 1964.

3. "If the property sought to be attached is in custodia legis, copy of the order of
attachment shall be filed with the proper court and notice of the attachment served upon
the custodian of such property." (Rule 57, Sec. 7, last par., new Rules of Court).
4. 39 C.J.S. pp. 61-62; citing Armon vs. Craig, 214 N.W. 556, 203 Iowa 1388, and Greever et
al. vs. Barker, et al., 289, S.W. 586, 316 Mo. 308.

5. Pp. 82-83, Record on Appeal; underscoring Ours.

6. Pp. 42-43, Record on Appeal.

7. See Art. 777, New Civil Code; Butte v. Uy & Sons, L-15499, Feb. 28, 1962.
8. Cuevas v. Abesamis, 71 Phil. 147.

9. De Borja, et al. v. De Borja, et al., L-14851, Aug. 31, 1961.

10. See Sec. 1, Rule 74, new Rules of Court.
11. Republic Act No. 360, approved June 9, 1949.

12. Alcala v. Palanan, et al., 19 Phil., 520; emphasis supplied.

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