x x
x In
order to reach a final determination of the matters concerning the estate of
Ferdinand E. Marcos – that is, the accounting and the recovery of ill-gotten
wealth – the present case must be maintained against Imelda Marcos and herein
respondent Ferdinand “Bongbong” R. Marcos, Jr., as executors of the Marcos
estate pursuant to Sec. 1 of Rule 87 of the Rules of Court. According to this
provision, actions may be commenced to recover from the estate, real or
personal property, or an interest therein, or to enforce a lien thereon; and
actions to recover damages for an injury to person or property, real or
personal, may be commenced against the executors. Under the rules of succession, the heirs instantaneously became co-owners of
the Marcos properties upon the death of the President. The property rights and
obligations to the extent of the value of the inheritance of a person are
transmitted to another through the decedent’s death. In this concept, nothing
prevents the heirs from exercising their right to transfer or dispose of the
properties that constitute their legitimes, even absent their declaration or
absent the partition or the distribution of the estate. (REPUBLIC OF THE PHILIPPINES
VS. MA. IMELDA “IMEE” R. MARCOS-MANOTOC,
G. R. NO. 171701, FEBRUARY 8,
2012, SERENO, J.).
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