VDA DE. KILAYKO VS.

TENGCO
45425, MARCH 27, 1992

FACTS:
In the settlement of the estate of Lizares, a project partition was submitted. In
accordance with the said project of partition, the heirs executed an agreement of
partition and subdivision. Later, a motion was filed to reopen the testate estate
proceedings of Lizares.

ISSUE:
Is there a valid partition among the heirs?

HELD:
NO. The testate proceedings cannot anymore be reopened because the Lizares sisters
recognized the decree of partition sanctioned by the probate court and in fact reaped
the fruits thereof. Hence, they are now precluded from attacking the validity of the
partition or any part of it in the guise of a complaint for reconveyance.

In testate succession, there can be no valid partition among the heirs until after the will
has been probated. A project partition is merely a proposal for the distribution of the
hereditary estate which the court may accept or reject. It is the court that makes that
distribution of the estate and determines the persons entitled thereto.
It cannot be denied that when they moved for the reopening of the testate estate
proceedings of Maria, the judicial decree of partition and the order of closure of such
proceedings was already final and executory.