Can an extrajudicial settlement excluding compulsory heirs still be partially valid? | G.R. No. 258887
In this case, the children from a deceased wife’s first marriage discovered that their father and his second family executed an extrajudicial settlement transferring the entirety of conjugal properties to themselves while falsely claiming they were the only heirs. The Supreme Court ruled that while the extrajudicial settlement excluding compulsory heirs is void and inexistent, the conveyances may still be recognized to the extent of the surviving spouse’s undivided share in the co-owned property. Applying the doctrine “Quando res non valet ut ago, valeat quantum valere potest,” the Court held that a contract must be recognized as far as it is legally possible to do so.









