Monday, March 30, 2015

A DECREE OF DISTRIBUTION OF THE ESTATE OF A DECEASED PERSON VESTS THE TITLE TO THE LAND OF THE ESTATE IN THE DISTRIBUTEES, WHICH, IF ERRONEOUS MAY BE CORRECTED BY A TIMELY APPEAL. ONCE IT BECOMES FINAL, ITS BINDING EFFECT IS LIKE ANY OTHER JUDGMENT IN REM. HOWEVER, IN EXCEPTIONAL CASES, A FINAL DECREE OF DISTRIBUTION OF THE ESTATE MAY BE SET ASIDE FOR LACK OF JURISDICTION OR FRAUD:

     Further, in Ramon vs. Ortuzar,  89 Phil. 730 (1951), the Court ruled that a party interested in a probate proceeding may have a final liquidation set aside when he is left out by reason of circumstances beyond his control or through mistake or inadvertence not imputable to negligence.

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