Professional Documents
Culture Documents
Rogelio claimed that after their parents had died, he and ISSUE(S):
Orlando executed a document denominated as Deed of
Extra judicial Succession (deed of extra judicial succession) whether or not the dismissal of the earlier complaint on the
over the subject lands toeffect the transfer of titles thereof to ground that it is in the nature of a collateral attack on the
their names. Before the deed of extra judicial succession certificates of title constitutes a bar to a subsequent petition
could be registered, however, a deed of absolute sale under Section 108 of PD 1529.
transferring the subject lands to them was discovered from
the old files of Maximino, which they used by "reason of Whether she can be declared an heir in an ordinary civil case
convenience" to acquire title to the said lands
HELD:
RTC dismissed the case. RTC held he was an adopted child
RATIO:
The RTC further held that, even though petitioner is an
adopted child, she could not ask for partition of the subject In dismissing Civil Case No. 04-42, the RTC declared that
lands as she was not able to prove any of the instances that petitioner could not ask for the partition of the subject lands,
would invalidate the deed of absolute sale. Moreover, the even though she is an adopted child, because "she was not
action for annulment of sale was improper as it constituted a able to prove any of the instances that would invalidate the
collateral attack on the title of Rogelio and Orlando. deed of absolute sale purportedly executed by Maximino and
Eligia. This conclusion came about as a consequence of the
it observed that the action for the declaration of nullity of RTC’s finding that, since the subject lands belonged
deed of sale is not the direct proceeding required by law to exclusively to Maximino, there was no need to secure the
attack a Torrens certificate of title consent of his wife who was long dead before the sale took
place. For this reason, the forgery of Eligia's signature on the
No appeal was taken from the RTC’s Decision dated March questioned deed was held to be inconsequential. However,
24, 2008or the Resolution dated June 17, 2008, thereby on reconsideration, the RTC declared that it committed a
allowing the same to lapse into finality. mistake in holding the subject lands as exclusive properties
of Maximino "since there was already an admission by the
Subsequently, however, petitioner filed, on August 1, 2008, defendants during the pre-trial conference that the subject
twin petitionsbefore the same RTC, docketed as LRC Nos. properties are the conjugal properties of the spouses
08-34 and 08-35, for the amendment of TCT Nos. 375657 Maximino Bagayas and Eligia Clemente.Nonetheless, the
and 375658 to include her name and those of her heirs and RTC sustained its dismissal of Civil Case No. 04-42 on the
successors-in-interest as registered owners to the extent of ground that it constituted a collateral attack upon the title of
one-third of the lands covered therein. The petitions were Rogelio and Orlando.
anchored on Section 108 of Presidential Decree No. (PD)
1529, otherwise known as the "Property Registration the RTC erroneously dismissed petitioner’s petition for
Decree," which provides as follows: annulment of sale on the ground that it constituted a
collateral attack since she was actually assailing Rogelio and
Section 108. Amendment and alteration of certificates. No Orlando’s title to the subject lands and not any Torrens
erasure, alteration, or amendment shall be made upon the certificate of title over the same.
registration book after the entry of a certificate of title or of a
memorandum thereon and the attestation of the same be Be that as it may, considering that petitioner failed to appeal
[sic] Register of Deeds, except by order of the proper Court from the dismissal of Civil Case No. 04-42, the judgment
of First Instance. A registered owner [sic] of other person therein is final and may no longer be reviewed.
having an interest in registered property, or, in proper cases,
The crucial issue, therefore, to be resolved is the propriety of title issued in favor of Rogelio and Orlando but the partition
the dismissal of LRC Nos. 08-34 and 08-35 on the ground of of the estate of Maximino and Eligia who are both deceased.
res judicata. As held in Philippine Veterans Bank v. Valenzuela,50 the
prevailing rule is that proceedings under Section 108 of PD
It must be pointed out that LRC Nos. 08-34 and 08-35 1529 are summary in nature, contemplating corrections or
praying that judgment be rendered directing the Registry of insertions of mistakes which are only clerical but certainly not
Deeds of Tarlac to include petitioner's name, those of her controversial issues.51Relief under said legal provision can
heirs and successors-in-interest as registered owners to the only be granted if there is unanimity among the parties, or
extent of one-third of the lands covered by TCT Nos. hat there is no adverse claim or serious objection on the part
375657and 375658, were predicated on the theory43 that of any party in interest
Section 108 of PD 1529 is a mode of directly attacking the
certificates of title issued to the Bagayas brothers. On the In fine, while LRC Nos. 08-34 and 08-35 are technically not
contrary, however, the Court observes that the amendment barred by the prior judgment in Civil Case No. 04-42 as they
of TCT Nos. 375657 and 375658 under Section 108 of PD involve different causes of action, the dismissal of said
1529 is actually not the direct attack on said certificates of petitions for the amendment of TCT Nos.375657 and 375658
title contemplated under Section 4844 of the same law. is nonetheless proper for reasons discussed above. The
Jurisprudence instructs that an action or proceeding is remedy then of petitioner is to institute intestate proceedings
deemed to be an attack on a certificate of title when its for the settlement of the estate of the deceased spouses
objective is to nullify the same, thereby challenging the Maximino and Eligia.
judgment pursuant to which the certificate of title was
decreedCorollary thereto, it is a well-known doctrine that the
issue as to whether the certificate of title was procured by
falsification or fraud can only be raised in an action expressly
instituted for such purpose. As explicated in Borbajo v.
Hidden View Homeowners, Inc.
ISSUE:
HELD:
HELD: The Court of Appeals correctly held that the partition There is one more point that should be stressed here.
made by the children of Gavino Reyes in 1936, although Petitioners' immediate predecessor-in-interest, Rafael
oral, was valid and binding. There is no law that requires Reyes, Jr., never took any action against private
partition among heirs to be in writing to be valid. In respondents from the time his father sold the lot to the latter.
Hernandez vs. Andal, supra, this Court, interpreting Section Neither did petitioners bring any action to recover from
1 of Rule 74 of the Rules of Court, held that the requirement private respondents the owner. Ship and possession of the
that a partition be put in a public document and registered lot from the time Rafael Reyes, Jr. died. As categorically
has for its purpose the protection of creditors and at the admitted by petitioners in their complaint and amended
same time the protection of the heirs themselves against complaint, it was only in or about September 1969 when,
tardy claims. The object of registration is to serve as after the delivery of TCT No. 27257 by Candido Hebron to
constructive notice to others. It follows then that the intrinsic them, that they definitely discovered that they were the
validity of partition not executed with the prescribed owners of the property in question. And yet, despite full
formalities does not come into play when there are no knowledge that private respondents were in actual physical
creditors or the rights of creditors are not affected. Where no possession of the property, it was only about thirteen and
such rights are involved, it is competent for the heirs of an one half (13 1/2) years later that they decided to file an
estate to enter into an agreement for distribution in a manner action for recovery of possession. As stated earlier, the
and upon a plan different from those provided by law. There original complaint was filed in the trial court on 14 March
is nothing in said section from which it can be inferred that a 1983. There was then absolutely no basis for the trial court to
writing or other formality is an essential requisite to the place the burden on private respondents to bring an action
validity of the partition. Accordingly, an oral partition is valid. for reconveyance within four (4) years from their discovery of
Barcelona, et al. vs. Barcelona, et al., supra, provides the the issuance of the transfer certificate of title in the name of
reason why oral partition is valid and why it is not covered by Rafael Reyes, Jr.
Petitioner, as the records confirm, did not participate in the
extrajudicial partition. Patently then, the two-year prescriptive
MARIA ELENA RODRIGUEZ PEDROSA vs. THE HON. period is not applicable in her case. The applicable
COURT OF APPEALS prescriptive period here is four (4) years as provided in
Gerona vs. De Guzman, 11 SCRA 153 (1964), which held
G.R. No. 118680 March 5, 2001 that: [The action to annul] a deed of extrajudicial settlement
upon the ground of fraud...may be filed within four years from
(Rule 74 – Summary Settlement of Estate) the discovery of the fraud. Such discovery is deemed to have
taken place when said instrument was filed with the Register
FACTS: of Deeds and new certificates of title were issued in the
name of respondents exclusively.
On April 8, 1946, the spouses Miguel Rodriguez and
Rosalina J. de Rodriguez initiated proceedings for the legal It is clear that Section 1 of Rule 74 does not apply to the
adoption of herein petitioner, Maria Elena Rodriguez partition in question which was null and void as far as the
Pedrosa and the said petition for adoption was granted plaintiffs were concerned. The rule covers only valid
partitions. The partition in the present case was invalid
On April 29, 1972, Miguel died intestate. Thereafter, because it excluded six of the nine heirs who were entitled to
petitioner and Rosalina entered into an extrajudicial equal shares in the partitioned property. Under the rule, no
settlement of Miguels estate, adjudicating between extrajudicial settlement shall be binding upon any person
themselves in equal proportion the estate of Miguel. who has not participated therein or had no notice thereof. As
the partition was a total nullity and did not affect the excluded
On November 21, 1972, private respondents filed an heirs, it was not correct for the trial court to hold that their
action to annul the adoption of the petitioner but CFI denied right to challenge the partition had prescribed after two years
the petition and upheld the validity of the adoption. from its execution in 1941.
Thereafter, the private respondents appealed said decision
to the Court of Appeals.
ISSUE:
HELD:
ISSUE:
HELD:
FACTS:
ISSUE:
HELD:
However, come now the decision of the probate court The petition is granted in part. The decision of the probate
admitting the codicil, and disposing that the Deed of Sale in court allowing the codicil is affirmed. But, the declaration of
favor of the Camayas, and the corresponding TCT issued in the aforesaid Deed of Sale, and the order to reissue
their name are null and void, and that the Register of Dees corresponding certificates of titles to the four children of the
was ordered to issue instead corresponding certificates of testratrix, and her grandson Mangulabnan are set aside,
titles to the aforesaid four children of the testatrix, and her without prejudice to the respondent’s ventilation of their right
grandson Mangulabnan to the extent of 1/5 each pursuant to in an appropriate action.
the codicil.
ISSUES:
HELD:
FACTS:
ISSUE:
RULING:
On May 9, 1984, plaintiffs-appellants Ricardo and Arcadia However, notwithstanding their non-inclusion in the
Teves filed a complaint with the Regional Trial Court of settlement, the action which Pedro and Cresenciano might
Negros Oriental for the partition and reconveyance of two have brought for the reconveyance of their shares in the
parcels of land located in Dumaguete, designated as Lots property has already prescribed. An action for reconveyance
769-A and 6409, against the heirs of Asuncion Teves. based upon an implied trust pursuant to article 1456 of the
Civil Code prescribes in ten years from the registration of the
Petitioners argued that the extrajudicial partition was null and deed or from the issuance of the title. 27 Asuncion Teves
void for the signatures of some were forge hence the same acquired title over Lot 6409 in 1972, but the present case
does not have force and effect. was only filed by plaintiffs-appellants in 1984, which is more
than 10 years from the issuance of title.28
RTC decision was in favor of respondents. RTC upheld the
validity of the extrajudicial partition and sale and the action
for reconveyance was barred by laches. CA affirmed. Hence
this petition. With regards to the requisite of registration of extrajudicial
settlements, it is noted that the extrajudicial settlements
ISSUE: covering Lot 769-A were never registered. However, in the
case of Vda. de Reyes vs. CA, 35 the Court, interpreting
Whether or not the extrajudicial settlement and sale are section 1 of Rule 74 of the Rules of Court, upheld the validity
valid. of an oral partition of the decedent's estate and declared that
the non-registration of an extrajudicial settlement does not
HELD: affect its intrinsic validity. It was held in this case that —
Yes. The extrajudicial settlement of a decedent's estate is [t]he requirement that a partition be put in a public document
authorized by section 1 of Rule 74 of the Rules of Court, and registered has for its purpose the protection of creditors
which provides in pertinent part and at the same time the protection of the heirs themselves
that — against tardy claims. The object of registration is to serve as
constructive notice to others. It follows then that the intrinsic
If the decedent left no will and no debts and the heirs are all validity of partition not executed with the prescribed
of age, or the minors are represented by their judicial or legal formalities does not come into play when there are no
representatives duly authorized for the purpose, the parties creditors or the rights of creditors are not affected. Where no
may, without securing letters of administration, divide the such rights are involved, it is competent for the heirs of an
estate among themselves as they see fit by means of a estate to enter into an agreement for distribution in a manner
public instrument filed in the office of the register of deeds, . . and upon a plan different from those provided by law.
.
Thus, despite its non-registration, the extrajudicial
xxxxxxxxx settlements involving Lot 769-A are legally effective and
binding among the heirs of MarcelinaCimafranca since their
Thus, for a partition pursuant to section 1 of Rule 74 to be mother had no creditors at the time of her death.
valid, the following conditions must concur: (1) the decedent
left no will; (2) the decedent left no debts, or if there were
debts left, all had been paid; (3) the heirs are all of age, or if
they are minors, the latter are represented by their judicial Decision affirmed.
guardian or legal representatives; (4) the partition was made
by means of a public instrument or affidavit duly filed with the
Register of Deeds. 21
On May 19, 2003 respondent Ernesto C. Palaganas, another In insisting that Ruperta’s will should have been first
brother of Ruperta, filed with the Regional Trial Court of probated and allowed by the court of California, petitioners
Malolos, Bulacan, a petition for the probate of Ruperta’s will Manuel and Benjamin obviously have in mind the procedure
and for his appointment as special administrator of her for the reprobate of will before admitting it here. But,
estate. On October 15, 2003, however, petitioners Manuel reprobate or re-authentication of a will already probated and
Miguel Palaganas and Benjamin Gregorio Palaganas, allowed in a foreign country is different from that probate
nephews of Ruperta, opposed the petition on the ground that where the will is presented for the first time before a
Ruperta’s will should not be probated in the Philippines but in competent court. Reprobate is specifically governed by Rule
the U.S. where she executed it. Manuel and Benjamin 77 of the Rules of Court. Contrary to petitioners’ stance,
added that, assuming Ruperta’s will could be probated in the since this latter rule applies only to reprobate of a will, it
Philippines, it is invalid nonetheless for having been cannot be made to apply to the present case. In reprobate,
executed under duress and without the testator’s full the local court acknowledges as binding the findings of the
understanding of the consequences of such act. Ernesto, foreign probate court provided its jurisdiction over the matter
they claimed, is also not qualified to act as administrator of can be established.
the estate.
ISSUE
ISSUE:
RULING:
HELD: NO.
In this case,
ISSUE:
HELD:
> Issue: W/N the Titulo de Propriedad is null and void and
therefore the lands covered or claimed under such title are
not included in the estate of the deceased...
> The Titulo is null and void. It has been defeated by the title
of the defendants under the Torrens system.
It appears from the records that Jose Portugal (Portugal, Sr.) Petitioners claim, however, to be the exclusive heirs of
contracted two marriages. Portugal. A probate or intestate court, no doubt, has
jurisdiction to declare who are the heirs of a deceased.
1st marriage with Paz Lazo in 1942 whom he had a daughter
named Leonila Perpetua Aleli Portugal (respondent) 2nd
marriage with Isabel de la Puerta in 1948, who gave birth to
a boy named Jose Douglas Portugal, Jr. (petitioners).
A Pre-Trial Order was issued & after trial, the trial court
dismissed the case for lack of cause of action and lack of
jurisdiction without resolving the issues as stated in the pre-
trial order, on the ground that petitioner’s status and right as
putative heirs had not been established before a probate
court.
ISSUE:
WON petitioners have to institute a special proceeding to
determine their status as heirs before they can pursue the
case for annulment of respondent’s Affidavit of Adjudication
and of the TCT issued in her name.
RULING: NO.
In the case at bar, respondent, believing rightly or wrongly
that she was the sole heir to Portugal’s estate, executed on
February 15, 1988 the questioned Affidavit of Adjudication
under the second sentence of Rule 74, Section 1 of the
ANCHETA v. GUERSEY-DALAYGON
Ruling : NO.
Section 3, Rule 87 bars petitioners from filing the present
action.
The said provision states that:
“
Sec. 3.
Heir may not sue until share assigned.
–
When an executor oradministrator is appointed and
assumes the trust, no action to recover the title
or possession of lands or for damages done to such lands
shall be maintained againsthim by an heir or devisee until
there is an order of the court assigning such lands tosuch
heir or devisee or until the time allowed for paying debts
has expired.
”
Ypon v Ricaforte (Succession) rendered judgment thereon, or when a special proceeding
GR No. 198680, July 8, 2013 had been instituted but had been finally closed and
HEIRS OF MAGDALENO YPON, NAMELY, ALVARO terminated, and hence, cannot be re-opened.
YPON, ERUDITA Y. BARON, CICERO YPON, WILSON In this case, none of the foregoing exceptions, or those of
YPON, similar nature, appear to exist.
VICTOR YPON, AND HINIDINO Y. PEÑALOSA, (Remedial law related):
PETITIONERS, vs. 1. Cause of action is defined as the act or omission by which
GAUDIOSO PONTERAS RICAFORTE A.K.A. "GAUDIOSO a party violates a right of another. It is well-settled that
E. YPON," AND THE REGISTER OF DEEDS OF the existence of a cause of action is determined by the
TOLEDO CITY, RESPONDENTS. allegations in the complaint. In this relation, a complaint is
said to assert a sufficient cause of action if, admitting what
FACTS: appears solely on its face to be correct, the plaintiff would
On July 29, 2010, the Ypons filed a complaint for be entitled to the relief prayed for. Accordingly, if the
Cancellation of Title and Reconveyance with Damages allegations furnish sufficient basis by which the complaint
(subject can be
complaint) against respondent Gaudioso Ponteras Ricaforte. maintained, the same should not be dismissed, regardless of
In their complaint, they alleged that Magdaleno Ypon the defenses that may be averred by the defendants.
(Magdaleno) died intestate and childless on June 28, 1968 2. Under Section 3, Rule 1 of the 1997 Revised Rules of
Claiming to be the sole heir of Magdaleno, Gaudioso Court, a civil action is defined as one by which a party sues
executed an Affidavit of Self-Adjudication and caused the another for the enforcement or protection of a right, or the
cancellation of the aforementioned certificates of title, leading prevention or redress of a wrong while a special
to their subsequent transfer in his name proceeding is a remedy by which a party seeks to establish a
In his Answer, Gaudioso alleged that he is the lawful son of status, a right, or a particular fact. It is then decisively
Magdaleno as evidenced by: (a) his certificate of Live clear that the declaration of heirship can be made only in a
Birth; (b) two (2) letters from Polytechnic School; and (c) a special proceeding inasmuch as the petitioners here are
certified true copy of his passport. Further, by way of seeking the establishment of a status or right.
affirmative defense, he claimed that: (a) petitioners have no
cause of action against him; (b) the complaint fails to
state a cause of action; and (c) the case is not prosecuted by
the real parties-in-interest, as there is no showing that
the petitioners have been judicially declared as Magdaleno’s
lawful heirs.
DECISION OF LOWER COURTS:
(1) RTC-Toledo: dismissed the case for lack of cause of
action.
The Court also denied their motion for reconsideration due to
the counsel’s failure to state the date on which his
Mandatory Continuing Legal Education Certificate of
Compliance was issued.
Direct to the Supreme Court (pure questions of law)
ISSUE:
Whether or not the RTC’s dismissal of the case on the
ground that the subject complaint failed to state a cause of
action was proper
RULING:
Yes, it was proper.
General Rule
The rule is that the determination of a decedent’s lawful heirs
should be made in the corresponding special
proceeding precludes the RTC, in an ordinary action for
cancellation of title and reconveyance, from granting the
same. In the case of Heirs of Teofilo Gabatan v. CA, the
Court, citing several other precedents, held that the
determination of who are the decedent’s lawful heirs must be
made in the proper special proceeding for such
purpose, and not in an ordinary suit for recovery of
ownership and/or possession, as in this case.
The trial court cannot make a declaration of heirship in the
civil action for the reason that such a declaration can only
be made in a special proceeding.
Exception
By way of exception, the need to institute a separate special
proceeding for the determination of heirship may be
dispensed with for the sake of practicality, as when the
parties in the civil case had voluntarily submitted the issue to
the trial court and already presented their evidence regarding
the issue of heirship, and the RTC had consequently
Cristina Reillo vs Galicano San Jose they already admitted that there are other heirs which were
excluded in the deed of extrajudicial settlement. Their
Remedial Law – Special Proceedings – Counterclaims – allegation that the parcel of land adjudicated by their mother
Fraudulent Deed of Extrajudicial Settlement – Publication is her inheritance is not tenable because the same was not
indicated in the deed of extrajudicial settlement. In fact, what
Quiterio San Jose and Antonina Espiritu Santo are husband was stated was that she was the sole heir.
and wife. Both died intestate in 1970 and 1976 respectively.
They have five children, to wit: Virginia, Virgilio, Galicano, Anent the issue of the counterclaim, Reillo et al’s
Victoria, and Catalina. counterclaim is permissive in nature and not a compulsory
one because their claim is not “necessarily connected with
In 1998, Virginia with the help of her husband(Zosimo the transaction or occurrence constituting the subject matter
Fernando, Sr.) and her children (Cristina Reillo et al) of the opposing party’s claim”. Their counterclaim consists of
executed a Deed of Extrajudicial Settlement of Estate where a claim that there are 12 other parcels of land owned by
they made it appear that Virginia was the only heir of the Quiterio and Antonina. Such allegation is already entirely
spouses Quiterio and Antonina. They adjudicated among different from the action brought by Galicano et al., hence it
themselves the estate and then later sold it to Ma. Teresa is permissive and it can even be brought in a separate
Piñon. proceeding. As a permissive pleading, it requires the
payment of docket fees and the RTC cannot be faulted for
Later, the other siblings found out about what Virginia did not directing Reillo et al to do so. The payment is incumbent
and so in October 1999, they filed a complaint in RTC-Rizal upon Reillo et al and the obligation cannot be shifted to the
for the annulment of the deed of extrajudicial settlement as RTC.
well as the subsequent deed of sale.
The CA granted the petition and declared the CFI order &
the Certificates of Title issued in the name of Columba
Cuyos-Benatiro null & void, hence this petition for review on
certiorari.
ISSUE:
HELD:
The Court held that the CFI;s order should be annulled not
on the ground of extrinsic fraud, as there is no sufficient
evidence to hold Atty. Taneo or any of the heirs guilty of
TEOFILO BAUTISTA, represented by FRANCISCO
MUÑOZ, Attorney-in-Fact v. ALLEGRIA BAUTISTA, et al.
The RTC ruled in favor of Teofilo declaring null and void and
no force and effect the documents mentioned. On appeal by
Tandoc and Tamondong, the Court of Appeals (CA) reversed
the trial court‘s decision and dismissed Teofilo‘s complaint on
the ground of prescription. The CA denied the Motion for
Reconsideration filed by Teofilo. Thus, this Petition for
Review on Certiorari.
ISSUE:
HELD:
RULING:
G.R. No. 76714 7. Perez filed motions praying for certain life insurance
companies(Philippine Life Insurance Company and
June 2, 1994 Philippine American Life Insurance Company) be
directed to deliver the proceeds of the life insurance
Digest Author: Ana Alvarez policy taken by the deceased Cunanan spouses.
ISSUE:
HELD:
YES.