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Guevara vs. Guevara [SEPARATE OPINIONS]

ERNESTO M. GUEVARA, petitioner-appellant, vs. ROSARIO GUEVARA and her husband PEDRO BUISON, respondents-appellees.

G.R. No. L-48840 | 1943-12-29

Separate Opinions

BOCOBO, J., concurring:

I concur in the result. Extrajudicial settlement by agreement among the heirs is authorized by section 1 of Rule 74 only "if the decedent left no debts." In this case, according to the findings of the Court of Appeals, Ernesto M. Guevara "has been paying the debts left by his father." It is true that said Ernesto M. Guevara, in consideration of the conveyance to him of the southern half of the hacienda, assumed all the debts of the deceased, but this agreement is binding only upon the parties to the contract but not upon the creditors who did not consent thereto. (Art. 1205, Civil...