ERLINDA PILAPIL, HEIRS OF DONATA ORTIZ BRIONES, namely: ESTELA, ERIBERTO AND

VIRGILIO SANTOS, ANA SANTOS CULTURA, ELVIRA SANTOS INOCENTES, ERNESTO MENDOZA,
RIZALINA SANTOS, ADOLFO MENDOZA and PACITA MENDOZA, Petitioners, v. HEIRS OF
MAXIMINO R. BRIONES, namely: SILVERIO S. BRIONES, PETRA BRIONES, BONIFACIO
CABAHUG, JR., ANITA TRASMONTE, CIRILITA FORTUNA, CRESENCIA BRIONES, FUGURACION
MEDALLE and MERCEDES LAGBAS, Respondents.
G.R. NO. 150175, FIRST DIVISION, March 10, 2006, CHICO-NAZARIO, J.

FACTS
Maximino’s marriage to Donata did not produce any children. Upon Maximino’s death on 1
May 1952, Donata instituted intestate proceedings and was appointed administratrix of
Maximino's estate by the Cebu City CFI. She submitted an Inventory of Maximino's properties,
including titles to five properties. The CFI awarded ownership of the said properties to Donata,
who caused the transfer of the titles to her name and was issued new TCTs. She died intestate
on 1 November 1977. Erlinda, one of Donata's nieces, filed a petition for the administration of
Donata’s estate. Erlinda and her husband, Gregorio, were appointed by the RTC as
administrators thereof.

On 21 January 1985, Silverio Briones, Maximino’s nephew, filed a Petition with the RTC for
Letters of Administration for the intestate estate of Maximino. The court initially granted
Silverio’s motion, until Gregorio’s Motion to Set Aside the Order was granted. On 3 March 1987,
the heirs of Maximino filed a Complaint against the heirs of Donata for the partition,
annulment, and recovery of possession of real property. They alleged that Donata, as
administratrix of the estate of Maximino, through fraud and misrepresentation, in breach of
trust, and without the knowledge of the other heirs, succeeded in registering in her name the
real properties belonging to the intestate estate of Maximino.

In their Answer, the heirs of Donata raised, as affirmative and special defenses, among others,
that even granting arguendo that plaintiffs have the right to question the transfer to Donata’s
name of the titles to the said lots, any action to that effect has already prescribed since more
than 30 years have lapsed.

ISSUE
Whether the heirs of Maximino may still assail the intestate proceedings. (NO)

RULING
No. The heirs of Maximino failed to prove by clear and convincing evidence that Donata
managed, through fraud, to have the real properties, belonging to the intestate estate of
Maximino, registered in her name. In the absence of fraud, no implied trust was established
between Donata and the heirs of Maximino under Article 1456 of the New Civil Code. Donata
was able to register the real properties in her name, not through fraud or mistake, but pursuant
to an Order issued by the CFI. The Order, presumed to be fairly and regularly issued, makes
Donata the singular owner of the entire estate of Maximino. There being no basis for the
Complaint of the heirs of Maximino in Civil Case No. CEB-5794, the same should have been
dismissed.