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WAIVER OF RIGHTS

MICHAEL C. GUY vs. COURT OF APPEALSG.R. No. 163707September 15, 2006

Facts:On October 29, 1992, Sima Wei died in Makati City leaving an estate valued 10 million more or less. His known heirs are his spouse Shirley Guy with their children five children. On June 13, 1997, private respondents Karen Oanes Wei and Kamille Oanes Wei represented by their mother Remedios filed a petition for letters of administration before the Regional Trial Court alleging that they are duly acknowledged illegitimate children of Sima Wei. However, petitioner and co-heirs alleged that private respondents claim had been paid, waived, abandoned, or otherwise extinguished by Remedios June 7, 1993 Release and Waiver of Claim stating that in exchange for the financial and educational support received from petitioner, Remedios and her minor children discharge the estate of Sima Wei and any and all liabilities.The petition was denied in the lower court and the motion for reconsidered dismissed in the Court of Appeals. Hence, this petition was made.

Issue:Whether or not the Release and Waiver of Claim bar respondents from claiming successional rights.

Ruling:The Release and Waiver of Claim does not bar respondents from claiming successional rights because it does not state with clarity the purpose of its execution. It merely states that Remedios received Php 300,000 and an educational plan for her daughters. The document does not specifically mention private respondents hereditary rights, hence it cant be construed as a waiver of successional rights. The Supreme Court held that under Art. 1044 of the Civil Code any inheritance left to minors or incapacitated persons may be accepted by their parent or guardian. Parents may repudiate the inheritance only by judicial authorization. Not having been judicially approved, the release and waiver claim is null and void. The Supreme Court affirmed the decision of the Court of Appeals.