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15 Herrera-v.-Borromeo-Finale

Fortunato Borromeo claimed to be an heir of Vito Borromeo under a forged will. The trial court dismissed Fortunato's motion. Fortunato then presented a Waiver of Hereditary Rights signed by 5 other heirs relinquishing their shares to him. The trial court declared Fortunato entitled to 5/9 of the estate. The petitioners contested, arguing a waiver is invalid before valid acceptance of inheritance. The Supreme Court ruled the waiver was invalid as the intentions of the heirs who signed were not clearly and convincingly to relinquish their rights, as they later filed pleadings for compliance and settlement. The waiver was declared null and void.

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100 views1 page

15 Herrera-v.-Borromeo-Finale

Fortunato Borromeo claimed to be an heir of Vito Borromeo under a forged will. The trial court dismissed Fortunato's motion. Fortunato then presented a Waiver of Hereditary Rights signed by 5 other heirs relinquishing their shares to him. The trial court declared Fortunato entitled to 5/9 of the estate. The petitioners contested, arguing a waiver is invalid before valid acceptance of inheritance. The Supreme Court ruled the waiver was invalid as the intentions of the heirs who signed were not clearly and convincingly to relinquish their rights, as they later filed pleadings for compliance and settlement. The waiver was declared null and void.

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Paula Toroba
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Patrocinio Borromeo-Herrera v.

Fortunato Borromeo
G.R. No. L-41171, July 23, 1987
Penned by: Gutierrez, Jr., J.:

FACT:

On April 19, 1952, Jose H. Junguera filed in the Court of First Instance Cebu a petition for the
probate of a document, purportedly Vito Borromeo’s will, stating all his properties to Tomas,
Fortunato and Amelia, all surnamed Borromeo. Trial Court denied the probate as the will was
found to be in forgery.

On August 25, 1972, Fortunato Borromeo, who had claimed to be an heir under forged will, filed
a motion claiming that he is an illegitimate son of the deceased Vito Borromeo and entitled to an
equal right of an legitimate son, the respondent filed a motion praying that he be declared as one
of the heirs. The motion was dismissed since it was barred by Order dated 1967 declaring the
lists of legal heirs.

Fortunato then filed another motion for reconsideration. The respondent asserted and
incorporated a Waiver of Hereditary Rights dated July 31, 1967, and was supposedly signed by 5
of the 9 heirs relinquishing the respondent of their shares in the disputed state. On December 24,
1974, the trial court concluded that the five of the heirs who signed the waiver had lost the same
rights, declaring the respondent entitled to 5/9 of the estate of Vito Borromeo.

The petitioners contested because the waiver is without force and effect because there can be no
effective waiver of hereditary rights before there has been a valid acceptance of the inheritance
the heirs intend to transfer.

ISSUE:

Whether or not the Waiver of the Hereditary Rights is valid.

RULING:

No. Under Article 6 of the New Civil Code of the Philippines, Waiver of Hereditary Rights to be
effective, three elements are essential: (1) the existence of a right; 2) the knowledge of the
existence thereof; and (3) an intention to relinquish such right.

The intention to waive a right must be shown clearly and convincing. The heirs who signed the
waiver document did not show their clear and convincing intentions to relinquish their rights as
they filed a pleading for “compliance” and they submitted a proposal for amicable settlement.

Thus, the court declared the Waiver of Hereditary Rights to be SET ASIDE, NULL AND VOID.

- By Magallanes and Fortajada

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