Mindanao State University

College of Law
General Santos City Extension
General Santos City

COMPILATION OF
CASE DIGESTS
IN
SPECIAL PROCEEDINGS

Submitted to:

PROSECUTOR ANDRES B. MISSION, JR.

Professor

Submitted by:

DAN R. MILLADO
1577-17

Rule 72
1. Natcher vs. CA, G.R. No. 133000, October 2, 2001

Facts:

In an action for reconveyance and annulment of title with damages,

private respondents alleged that upon Graciano's death, petitioner Natcher,
through the employment of fraud, misrepresentation and forgery, acquired
TCT No. 107443, by making it appear that Graciano executed a Deed of
Sale dated 25 June 1987 in favor herein petitioner resulting in the
cancellation of TCT No. 107443 and the issuance of TCT no. 186059 in the
name of Patricia Natcher.

In her answer, herein petitioner Natcher averred that she was legally
married to Graciano and thus, under the law, she was likewise considered
a compulsory heir of the latter. Petitioner further alleged that during
Graciano's lifetime, Graciano already distributed, in advance, properties to
his children, hence, herein private respondents may not anymore claim
against Graciano's estate or against herein petitioner's property.

After trial, RTC of Manila rendered a decision holding that the deed
of sale is prohibited by law and thus a complete nullity. Although the deed
of sale cannot be regarded as such or as a donation, it may however be
regarded as an extension of advance inheritance of Patricia Natcher being a
compulsory heir of the deceased.

On appeal, the Court of Appeals reversed the ruling of the RTC of

Manila ratiocinating that RTC trying an ordinary action for reconveyance /
annulment of title, went beyond its jurisdiction when it performed the acts
proper only in a special proceeding for the settlement of estate of a
deceased person. Hence, this petition.

Issue:

Whether or not the RTC of Manila acting as a court of general

jurisdiction in an action for reconveyance/annulment of title with
damages, adjudicate matters relating to the settlement of the estate of a
deceased person.

Ruling:

No, RTC acting as a court of general jurisdiction cannot adjudicate

matters relating to the settlement of estate.

In Hagans vs. Wislizenus, 42 Phil. 880 [1920], it was held that, “there
lies a marked distinction between an action and a special proceeding. An
action is a formal demand of one's right in a court of justice in the manner
prescribed by the court or by the law. It is the method of applying legal
remedies according to definite established rules. The term "special
proceeding" may be defined as an application or proceeding to establish
the status or right of a party, or a particular fact. Usually, in special
proceedings, no formal pleadings are required unless the statute expressly
so provides. In special proceedings, the remedy is granted generally upon
an application or motion.”

Here, an action for reconveyance and annulment of title with

damages is a civil action, whereas matters relating to settlement of the
estate of a deceased person such as advancement of property made by the
decedent, partake of the nature of a special proceeding, which
concomitantly requires the application of specific rules as provided for in
the Rules of Court. Clearly, matters which involve settlement and
distribution of the estate of the decedent fall within the exclusive province
of the probate court in the exercise of its limited jurisdiction.
2. Montaner vs. Shariah District Court, G.R. No. 174975, January 20, 2009

Facts:

Private respondents Liling Disangcopan and her daughter,

Almahleen Liling S. Montañer, both Muslims, filed a "Complaint" for the
judicial partition of properties before the Shari’a District Court. It prayed
among others, the following: (1) the partition of the estate of the decedent;
and (2) the appointment of an administrator for the estate of the decedent.

Petitioners filed an Answer with a Motion to Dismiss contending that

the Shari’a District Court has no jurisdiction over the estate of the late
Alejandro Montañer, Sr., because he was a Roman Catholic. Said court
dismissed the complaint and held that Alejandro Montañer, Sr. was not a
Muslim, and its jurisdiction extends only to the settlement and distribution
of the estate of deceased Muslims.

Upon the motion of the private respondents, the Shari’a District

Court reconsidered its order of dismissal and allowed them to adduce
further evidence. Subsequently, it ordered the continuation of trial, trial on
the merits, adducement of further evidence, and pre-trial conference.
Hence, this petition.

Issue:

Whether or not the complaint for judicial partition filed by private

respondents is an ordinary civil action.

Ruling:

No, it is a special proceeding.

In Heirs of Celso Amarante v. Court of Appeals, G.R. No. 76386, May

21, 1990, the Supreme Court held that, “The designation given by parties to
their own pleadings does not necessarily bind the courts to treat it
according to the said designation. Rather than rely on "a falsa descriptio or
defective caption," courts are "guided by the substantive averments of the
pleadings.”

Here, although private respondents designated the pleading filed

before the Shari’a District Court as a "Complaint" for judicial partition of
properties, it is a petition for the issuance of letters of administration,
settlement, and distribution of the estate of the decedent. It contains
sufficient jurisdictional facts required for the settlement of the estate of a
deceased Muslim.
3. Tadeo-Matias vs Republic, G.R. No. 230751, April 25, 2018

Facts:

After more than 3 decades of absence, petitioner Estrellita Tadeo-

Matias filed before the Regional Trial Court RTC of Tarlac City a petition
for the declaration of presumptive death of her husband, Wilfredo N.
Matias as one of the requirements to attain the claim of benefits. Said RTC
rendered a decision declaring Wilfredo absent or presumptively dead
under Article 41 of the Family Code of the Philippines.

On appeal, CA reversed the said decision it ruled that Article 41 of

the Family Code (FC) does not apply to the instant petition as it was clear
that petitioner does not seek to remarry. If anything, the petition was
invoking the presumption of death established under Articles 390 and 391
of the Civil Code, and not that provided for under Article 41 of the FC.
That Articles 390 and 391 of the Civil Code merely express rules of
evidence that allow a court or a tribunal to presume that a person is dead—
which presumption may be invoked in any action or proceeding, but itself
cannot be the subject of an independent action or proceeding.

Issue:

Whether or not the CA is correct.

Ruling:

Yes, the CA is correct.

In re: Petition for the Presumption of Death of Nicolai Szatraw, GR

No. L-1780, August 31, 1948, it was held that, “Independently of such an
action or special proceeding, the presumption of death cannot be invoked,
nor can it be made the subject of an action or special proceeding. In this
case, there is no right to be enforced nor is there a remedy prayed for by
the petitioner against her absent husband.”

Here, Since Articles 390 and 391 of the Civil Code merely express
rules of evidence, an action brought exclusively to declare a person
presumptively dead under either of the said articles actually presents no
actual controversy that a court could decide. In such action, there would be
no actual rights to be enforced, no wrong to be remedied nor any status to
be established. Moreover, a court action to declare a person presumptively
dead under Articles 390 and 391 of the Civil Code would be unnecessary.
The presumption in the said articles is already established by law.
4. Heirs of Ypon vs. Ricaforte, G.R. No. 198680, July 8, 2013

Facts:

Petitioner filed a complaint for Cancellation of Title and

Reconveyance with Damages. However, the RTC issued the assailed Order
dismissing the complaint. It found that the subject complaint failed to state
a cause of action against Gaudioso. It observed that while the plaintiffs
therein had established their relationship with Magdaleno in a previous
special proceeding for the issuance of letters of administration, this did not
mean that they could already be considered as the decedent’s compulsory
heirs.

Issue:

Whether or not the RTC’s dismissal of the case is proper.

Ruling:

Yes, the RTC’s dismissal of the case is proper.

In the case of Heirs of Teofilo Gabatan v. CA, G.R. No. 150206, March
13, 2009, the Supreme 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.

Here, Jurisprudence dictates that the determination of who are the

legal heirs of the deceased must be made in the proper special proceedings
in court, and not in an ordinary suit for recovery of ownership and
possession of property.1âwphi1 This must take precedence over the action
for recovery of possession and ownership. The Court has consistently ruled
that 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.
5. Gabatan vs CA, G.R. No. 150206, March 13, 2009

Facts:

Assailed in this petition is the CA’s affirmation of the RTC’s decision

in an action for Recovery of Property and Ownership and Possession,
thereat commenced by respondent Lourdes Evero Pacana against
petitioners, heirs of Teofilo Gabatan, Jesus Jabinis and Catalino Acantilado.
The lower court declared the respondent as the sole and surviving heir of
Juan Gabatan, the only child of a certain Hermogena Clareto. On appeal,
the CA declared that respondent’s claim of filiation with Juan Gabatan was
sufficiently established during trial.

Issue:

Whether or not the status of the party as heirs can be made only in
special proceeding.

Ruling:

No, there are certain exceptions and can be determined in a civil

action.

In Portugal v. Portugal-Beltran, 467 SCRA 184, 199 (2005), the

Supreme Court held that, “under the circumstances of the case, to a special
proceeding which could be long, hence, not expeditious, just to establish
the status of petitioners as heirs is not only impractical; it is burdensome to
the estate with the costs and expenses of an administration proceeding.
And it is superfluous in light of the fact that the parties to the civil case –
subject of the present case, could and had already in fact presented
evidence before the trial court which assumed jurisdiction over the case
upon the issues it defined during pre-trial.”

Here, there appears to be only one parcel of land being claimed by

the contending parties as their inheritance from Juan Gabatan. It would be
more practical to dispense with a separate special proceeding for the
determination of the status of respondent as the sole heir of Juan Gabatan,
specially in light of the fact that the parties to Civil Case No. 89-092, had
voluntarily submitted the issue to the RTC and already presented their
evidence regarding the issue of heirship in these proceeding. Also, the RTC
assumed jurisdiction over the same and consequently rendered judgment
thereon.
6. Sheker vs. Sheker, G.R. No. 157912, December 13, 2007

Facts:

Petitioner maintains that the RTC erred in strictly applying to a

probate proceeding the rules requiring a certification of non-forum
shopping, a written explanation for non-personal filing, and the payment
of docket fees upon filing of the claim. He insists that Section 2, Rule 72 of
the Rules of Court provides that rules in ordinary actions are applicable to
special proceedings only in a suppletory manner.

Issue:

Whether or not the petitioner is correct.

Ruling:

No, the petitioner is not correct.

Section 2, Rule 72, of the Rules of Court provides: Sec. 2.

Applicability of rules of Civil Actions. - In the absence of special
provisions, the rules provided for in ordinary actions shall be, as far as
practicable, applicable in special proceedings.

Here, stated differently, special provisions under Part II of the Rules

of Court govern special proceedings; but in the absence of special
provisions, the rules provided for in Part I of the Rules governing ordinary
civil actions shall be applicable to special proceedings, as far as practicable.

The word "practicable" is defined as: possible to practice or perform;

capable of being put into practice, done or accomplished. This means that
in the absence of special provisions, rules in ordinary actions may be
applied in special proceedings as much as possible and where doing so
would not pose an obstacle to said proceedings. Nowhere in the Rules of
Court does it categorically say that rules in ordinary actions are
inapplicable or merely suppletory to special proceedings. Provisions of the
Rules of Court requiring a certification of non-forum shopping for
complaints and initiatory pleadings, a written explanation for non-personal
service and filing, and the payment of filing fees for money claims against
an estate would not in any way obstruct probate proceedings, thus, they
are applicable to special proceedings such as the settlement of the estate of
a deceased person as in the present case.
7. Hilado vs. CA, G.R. No. 164108, May 8, 2009

Facts:

Petitioners filed with the Manila RTC a Manifestation/Motion Ex

Abundanti Cautela, praying that they be furnished with copies of all
processes and orders pertaining to the intestate proceedings. Private
respondent opposed the manifestation/motion, disputing the personality
of petitioners to intervene in the intestate proceedings of her husband.
Consequently, the Manila RTC issued an order denying the
manifestation/motion, on the ground that petitioners are not interested
parties within the contemplation of the Rules of Court to intervene in the
intestate proceedings. After the Manila RTC had denied petitioners’ motion
for reconsideration, a petition for certiorari was filed with the Court of
Appeals. The petition argued in general that petitioners had the right to
intervene in the intestate proceedings of Roberto Benedicto, the latter being
the defendant in the civil cases they lodged with the Bacolod RTC. The
same was dismissed by the CA. Hence, this petition.

Issue:

Whether or not petitioners have the right to intervene in the special

proceeding based on their contingent claim.

Ruling:

No, petitioners have no right to intervene.

While Section 2, Rule 72 provides that “[i]n the absence of special

provisions, the rules provided for in ordinary actions shall be, as far as
practicable, applicable to special proceedings,” however, this is not
applicable in this case.

Here, notwithstanding Section 2 of Rule 72, intervention as set forth

under Rule 19 does not extend to creditors of a decedent whose credit is
based on a contingent claim. The definition of "intervention" under Rule 19
simply does not accommodate contingent claims. Yet, even as petitioners
now contend that they have the right to intervene in the intestate
proceedings of Roberto Benedicto, the reliefs they had sought then before
the RTC, do not square with their recognition as intervenors. In short, even
if it were declared that petitioners have no right to intervene in accordance
with Rule 19, it would not necessarily mean the disallowance of the reliefs
they had sought before the RTC since the right to intervene is not one of
those reliefs.
 Rule 73
1. Quiazon vs Belen, G.R. No. 189121, July 31, 2013

Facts:

Claiming that the venue of the petition was improperly laid, Amelia,
together with her children, Jenneth and Jennifer, opposed the issuance of
the letters of administration by filing an Opposition/Motion to Dismiss.
The petitioners asserted that as shown by his Death Certificate, Eliseo was
a resident of Capas, Tarlac and not of Las Piñas City, at the time of his
death. Pursuant to Section 1, Rule 73 of the Revised Rules of Court, the
petition for settlement of decedent’s estate should have been filed in Capas,
Tarlac and not in Las Piñas City.

Issue:

Whether or not the petition should be dismissed for improper venue.

Ruling:

No, it should not be dismissed.

Under Section 1, Rule 73 of the Rules of Court, the petition for letters
of administration of the estate of a decedent should be filed in the RTC of
the province where the decedent resides at the time of his death.

Here, In the application of venue statutes and rules – Section 1, Rule

73 of the Revised Rules of Court is of such nature – residence rather than
domicile is the significant factor. Even where the statute uses word
"domicile" still it is construed as meaning residence and not domicile in the
technical sense. In other words, "resides" should be viewed or understood
in its popular sense, meaning, the personal, actual or physical habitation of
a person, actual residence or place of abode. It signifies physical presence
in a place and actual stay thereat. Venue for ordinary civil actions and that
for special proceedings have one and the same meaning. As thus defined,
"residence," in the context of venue provisions, means nothing more than a
person’s actual residence or place of abode, provided he resides therein
with continuity and consistency. Viewed in the light of the principles, it is
evident from the records that during his lifetime, Eliseo resided at No. 26
Everlasting Road, Phase 5, Pilar Village, Las Piñas City. For this reason, the
venue for the settlement of his estate may be laid in the said city.
2. Cuenco vs CA, G.R. No. L-24742 October 26, 1973

Facts:

Respondent Lourdes Cuenco filed a Petition for Letters of

Administration with the CFI of Cebu, alleging among other things, that the
late senator died intestate in Manila on 25 February 1964 and that he was a
resident of Cebu at the time of his death. A week later, herein petitioner
Rosa Cayetano Cuenco filed a petition with the CFI of Rizal (Quezon City)
for the probate of the deceased's last will and testament and for the
issuance of letters testamentary in her favor, as the surviving widow and
executrix in the said last will and testament.

Having learned of the intestate proceeding in the Cebu court,

petitioner filed in said Cebu court an Opposition and Motion to Dismiss, as
well as an Opposition to Petition for Appointment of Special
Administrator. However, the Cebu court issued an order holding in
abeyance its resolution on petitioner's motion to dismiss "until after the
Court of First Instance of Quezon City shall have acted on the petition for
probate of that document purporting to be the last will and testament of
the deceased Don Mariano Jesus Cuenco.” On the other hand, respondents
filed in the Quezon City court an Opposition and Motion to Dismiss
opposing probate of the will and assailing the jurisdiction of the said
Quezon City court to entertain petitioner's petition for probate and for
appointment as executrix in view of the alleged exclusive jurisdiction
vested by her petition in the Cebu court. Said respondent prayed that Sp.
Proc. No. Q-7898 be dismissed for lack of jurisdiction and/or improper
venue. However, the Quezon City court denied the motion to dismiss,
giving as a principal reason the “precedence of probate proceeding over an
intestate proceeding.” The said court further found in said order that the
residence of the late senator at the time of his death was at No. 69 Pi y
Margal, Sta. Mesa Heights, Quezon City. On appeal, CA rendered a
decision in favor of respondents holding that Section 1, Rule 73, which fixes
the venue in proceedings for the settlement of the estate of a deceased
person, covers both testate and intestate proceedings of the Cebu CFI
having been filed ahead, it is that court whose jurisdiction was first
invoked and which first attached.

Issue:

Whether or not the CA is correct.

Ruling:

No, the CA is not correct.

 Section 1, Rule 73 of the Rules of Court provides that, “Where estate
of deceased persons settled. If the decedent is an inhabitant of the
Philippines at the time of his death, whether a citizen or an alien, his will
shall be proved, or letters of administration granted, and his estate settled,
in the Court of First Instance in the Province in which he resides at the time
of his death, x x x x The court first taking cognizance of the settlement of
the estate of a decedent, shall exercise jurisdiction to the exclusion of all
other courts. The jurisdiction assumed by a court, so far as it depends on
the place of residence, of the decedent, or of the location of his estate, shall
not be contested in a suit or proceeding, except in an appeal from that
court, in the original case, or when the want of jurisdiction appears on the
record.

Here, it should be noted that the Rule on venue does not state that
the court with whom the estate or intestate petition is first filed acquires
exclusive jurisdiction. The Rule precisely and deliberately provides that
"the court first taking cognizance of the settlement of the estate of a
decedent, shall exercise jurisdiction to the exclusion of all other courts." A
fair reading of the Rule — since it deals with venue and comity between
courts of equal and co-ordinate jurisdiction — indicates that the court with
whom the petition is first filed, must also first take cognizance of the
settlement of the estate in order to exercise jurisdiction over it to the
exclusion of all other courts. Necessarily, neither could the Quezon City
court be deemed to have acted without jurisdiction in taking cognizance of
and acting on the probate petition since under Rule 73, section 1, the Cebu
court must first take cognizance over the estate of the decedent and must
exercise jurisdiction to exclude all other courts, which the Cebu court
declined to do. Furthermore, as is undisputed, said rule only lays down a
rule of venue and the Quezon City court indisputably had at least equal
and coordinate jurisdiction over the estate. Since the Quezon City court
took cognizance over the probate petition before it and assumed
jurisdiction over the estate, with the consent and deference of the Cebu
court, the Quezon City court should be left now, by the same rule of
venue of said Rule 73, to exercise jurisdiction to the exclusion of all other
courts.
3. Tadeo-Matias, G.R. No. 230751, April 25, 2018

Facts:

The Republic questioned the decision of the RTC via a petition for
certiorari when said RTC rendered its decision granting the petition for
declaration of presumptive death of Wilfredo under Article 41 of the
Family Code, when said petitioner’s purpose is to claim benefits and not to
remarry.

Issue:

Whether or not the remedy availed of by the Republic through OSG

is proper.

Ruling:

No, the remedy availed of by the Republic is not proper.

Section 4, Rule 73 of the Rules of Court provides that, “For purposes

of settlement of his estate, a person shall be presumed dead if absent and
unheard from for the periods fixed in the Civil Code. But if such person
proves to be alive, he shall be entitled to the balance of his estate after
payment of all his debts. The balance may be recovered by motion in the
same proceeding.”

Here, according to Rule 40 of the Rules of Court, the manner of

appeal in special proceedings is through a record on appeal. From these
provisions, it is apparent that in an action for the declaration of death of a
person under Articles 390 and 391 of the Civil Code, whether it is to settle
his estate or for other reasons apart from remarriage, the appeal must be
made through record on appeal. No exception to the application of these
rules is present. The Republic therefore availed of the wrong remedy to
question the decision of the trial court.
 Rule 74
1. Butiong vs. Plazo, G.R. No. 187524, August 5, 2015

Facts:

Pedro L. Riñoza died intestate, leaving several heirs including herein

respondents, as well as several properties including a resort and a family
home, both located in Nasugbu, Batangas. In their Amended Complaint
for Judicial Partition with Annulment of Title and Recovery of Possession,
respondents alleged that their co-heirs sold the subject properties to herein
petitioners without their knowledge and consent. Subsequently,
respondents discovered an extra-judicial settlement of estate of their late
father was published in a tabloid called Balita, thus, they caused the
annotation of adverse claim of the subject properties.

In their Answer, petitioners denied the allegations of the complaint

on the ground of lack of personal knowledge and good faith in acquiring
the subject properties. However, the trial court decided in favor of herein
respondents and annulled the transfer of the subject properties to
petitioners and spouses Bondoc due to irregularities in the documents of
conveyance offered by petitioners particularly, the notary public was not
commissioned to do so, the date of execution was not indicated, the
amount of consideration was superimposed, and it was not presented in
the ROD of Nasugbu, Batangas. On appeal, CA affirmed the decision of
the trial court.

Issue:

Whether or not the Court of Appeals acted with grave abuse of

discretion in entertaining the special proceeding for the settlement of estate
of Pedro Rinoza and the Civil Action for annulment of title of heirs and
third persons in one proceeding.

Ruling:

No, the CA did not act with grave abuse of discretion.

Section 1 Rule 74 of the Rules of Court provides in part: “If the

decedent left no will and no debts and the heirs are all of age, or the minors
are represented by their judicial or legal representatives duly authorized
for the purpose, the parties may without securing letters of administration,
divide the estate among themselves as they see fit by means of a public
instrument filed in the office of the register of deeds, and should they
disagree, they may do so in an ordinary action of partition…”
 Here, it must be recalled that the general rule is that when a person
dies intestate, or, if testate, failed to name an executor in his will or the
executor so named is incompetent, or refuses the trust, or fails to furnish
the bond required by the Rules of Court, then the decedent's estate shall be
judicially administered and the competent court shall appoint a qualified
administrator in the order established in Section 6 of Rule 78 of the Rules of
Court. An exception to this rule, however, is found in the aforequoted
Section 1 of Rule 74 wherein the heirs of a decedent, who left no will and
no debts due from his estate, may divide the estate either extrajudicially or
in an ordinary action for partition without submitting the same for judicial
administration nor applying for the appointment of an administrator by
the court. The reason is that where the deceased dies without pending
obligations, there is no necessity for the appointment of an administrator
to administer the estate for them and to deprive the real owners of their
possession to which they are immediately entitled.
2. Benatiro vs. Cuyos, G.R. No. 161220, July 30, 2008

Facts:

Sometime in February 1998, Gloria, Patrocenia, Numeriano, and

Enrique learned that all the tax declaration of the properties in the name of
their mother Agatona were cancelled and new tax declaration were issued
in the name of Columba. They filed a complaint against Gorgonio Benatiro
before the Commission on Settlement of Land Problems (COSLAP ) of the
DOJ but it was dismissed for lack of jurisdiction. Mediation before the
barangay level was likewise unsuccessful. Thus, a petition for annulment
of the order was filed by respondents assailing that the said Order was null
and void and has no effect. It being based on commissioner’s report which
was patently false and irregular and deprived them of due process in
claiming their share of their father’s estate. That no meeting ever took
place for the purpose of settlement of estate and that the report was done in
close confederacy with their co-heir Columba who benefited from it.

Issue:

Petitioners contend that respondents' allegation that they discovered

the assailed order dated December 16, 1976 only in February 1998 was
preposterous, as respondents were represented by counsel in the intestate
proceedings; thus, notice of Order to counsel was notice to client; that this
was only a ploy so that they could claim that they filed the petition for
annulment within the statutory period of four (4) years; that they have
been in possession of the six parcels of land since May 25, 1979 when the
same was sold to them pursuant to the assailed Order in the intestate
proceedings; that no extrinsic fraud attended the issuance of the assailed
order; that Numeriano executed an affidavit in which he attested to having
received his share of the sale proceeds on May 18, 1988; that respondents
were estopped from assailing the Order dated December 16, 1976, as it had
already attained the status of finality. However, the CA granted the
annulment of the CFI’s order. The CA held that to arrive at an agreement,
there was a need for all the concerned parties to be present in the
conference.

Issue:

Whether or not the heirs were deemed constructively notified of and

bound by an extra-judicial settlement and partition of the estate, regardless
of their failure to participate therein, when the extra-judicial settlement and
partition has been duly published.
Ruling:

No, they were not deemed notified.

In Cua v. Vargas, G.R. No. 156536, October 31, 2006, 506 SCRA 374, it
was held that, “The procedure outlined in Section 1 of Rule 74 is an ex
parte proceeding. The rule plainly states, however, that persons who do
not participate or had no notice of an extrajudicial settlement will not be
bound thereby. It contemplates a notice that has been sent out or issued
before any deed of settlement and/or partition is agreed upon (i.e., a notice
calling all interested parties to participate in the said deed of extrajudicial
settlement and partition), and not after such an agreement has already been
executed as what happened in the instant case with the publication of the
first deed of extrajudicial settlement among heirs.

The publication of the settlement does not constitute constructive

notice to the heirs who had no knowledge or did not take part in it because
the same was notice after the fact of execution. The requirement of
publication is geared for the protection of creditors and was never
intended to deprive heirs of their lawful participation in the decedent's
estate.”

Here, applying the above-mentioned case by analogy, what matters is

whether the heirs were indeed notified before the compromise agreement
was arrived at, which was not established, and not whether they were
notified of the Commissioner's Report embodying the alleged agreement
afterwards.
3. Cua vs Vargas, G.R. No. 156536, October 31, 2006

Facts:

According to Gloria Vargas, the widow of Santiago Vargas and one

of respondents herein, she came to know of the Extra Judicial Settlement
Among Heirs with Sale dated November 16, 1994 only when the original
house built on the lot was being demolished sometime in May 1995. She
likewise claimed she was unaware that an earlier Extra Judicial Settlement
Among Heirs dated February 4, 1994 involving the same property had
been published in the Catanduanes Tribune.

After trial on the merits, the MTC rendered a decision in favor of

petitioner. This was affirmed by the RTC. On appeal, the CA reversed the
ruling of both lower courts declaring that the Extra Judicial Settlement
Among Heirs and the Extra Judicial Settlement Among Heirs with Sale,
dated February 4, 1994 and November 15, 1994, respectively, were void
and without any legal effect. The CA held that, pursuant to Section 1, Rule
74 of the Rules of Court, 16 the extrajudicial settlement made by the other
co-heirs is not binding upon respondents considering the latter never
participated in it nor did they ever signify their consent to the same.
Hence, this petition. Petitioner argues that the acquisition by petitioner of
the subject property subsequent to the extrajudicial partition was valid
because the partition was duly published. The publication of the same
constitutes due notice to respondents and signifies their implied
acquiescence thereon.

Issue:

Whether or not herein respondents as heirs are deemed

constructively notified and bound, regardless of their failure to participate
therein, by an extrajudicial settlement and partition of estate when the
extrajudicial settlement and partition has been duly published

Ruling:

No, they were not constructively notified.

Sec. 1, Rule 74 of the Rules of Court provides in part that, “The fact of
the extrajudicial settlement or administration shall be published in a
newspaper of general circulation in the manner provided in the next
succeeding section; but no extrajudicial settlement shall be binding upon
any person who has not participated therein or had no notice thereof.”

Here, the procedure outlined in Section 1 of Rule 74 is an ex parte

proceeding. The rule plainly states, however, that persons who do not
participate or had no notice of an extrajudicial settlement will not be bound
thereby. It contemplates a notice that has been sent out or issued before
any deed of settlement and/or partition is agreed upon (i.e., a notice
calling all interested parties to participate in the said deed of extrajudicial
settlement and partition), and not after such an agreement has already been
executed19 as what happened in the instant case with the publication of the
first deed of extrajudicial settlement among heirs.

The publication of the settlement does not constitute constructive

notice to the heirs who had no knowledge or did not take part in it because
the same was notice after the fact of execution. The requirement of
publication is geared for the protection of creditors and was never intended
to deprive heirs of their lawful participation in the decedent's estate. In this
connection, the records of the present case confirm that respondents never
signed either of the settlement documents, having discovered their
existence only shortly before the filing of the present complaint. Following
Rule 74, these extrajudicial settlements do not bind respondents, and the
partition made without their knowledge and consent is invalid insofar as
they are concerned.
4. Domingo vs. Roces, G.R. No. 147468, April 9, 2003

Facts:

When respondents learned of the sale of the property to petitioners,

they filed a complaint against Montinola and petitioners with the Regional
Trial Court of Pasig. They argued that the affidavit of self-adjudication was
fraudulent because Montinola was not an heir of the Roces spouses and it
was not true that Lilia Roces was dead. Therefore, the affidavit of self-
adjudication, as well as the deed of absolute sale, TCT No. 7299, and TCT
No. 7673, all covering the subject property, were null and void. In their
answer, petitioners alleged that they were buyers in good faith and that
their action was barred by estoppel and laches. After trial, the court a quo
rendered judgment in favor of respondents. On appeal, the CA rendered a
decision declaring the affidavit of self-adjudication, the deed of absolute
sale and TCTs as null and void. Hence, this petition.

Issue:

Whether or not the CA erred in holding that the annotation in the

title regarding Sec. 4, Rule 74 is an encumbrance which disqualifies
petitioners from being innocent purchasers for value.

Ruling:

No, the CA did not err.

Rule 74, Section 4 of the Rules of Court, provides: “SEC. 4. Liability of

distributees and estate. — If it shall appear at any time within two (2) years
after the settlement and distribution of an estate in accordance with the
provisions of either of the first two sections of this rule, that an heir or
other person has been unduly deprived of his lawful participation in the
estate, such heir or such other person may compel the settlement of the
estate in the courts in the manner hereinafter provided for the purpose of
satisfying such lawful participation. And if within the same time of two (2)
years, it shall appear that there are debts outstanding against the estate
which have not been paid, or that an heir or other person has been unduly
deprived of his lawful participation payable in money, the court having
jurisdiction of the estate may, by order for that purpose, after hearing,
settle the amount of such debts or lawful participation and order how
much and in what manner each distributee shall contribute in the payment
thereof, and may issue execution, if circumstances require, against the
bond provided in the preceding section or against the real estate belonging
to the deceased, or both. Such bond and such real estate shall remain
charged with a liability to creditors, heirs, or other persons for the full
period of two (2) years after such distribution, notwithstanding any
transfers of real estate that may have been made.”

Here, the foregoing rule clearly covers transfers of real property to

any person, as long as the deprived heir or creditor vindicates his rights
within two years from the date of the settlement and distribution of estate.
Contrary to petitioners' contention, the effects of this provision are not
limited to the heirs or original distributees of the estate properties, but shall
affect any transferee of the properties.

In David v. Malay, G.R. No. 132644, 19 November 1999, it was held

that the buyer of real property the title of which contain an annotation
pursuant to Rule 74, Section 4 of the Rules of Court cannot be considered
innocent purchasers for value. In the same vein, the annotation at the back
of TCT No. 7299 in this case referring to Rule 74, Section 4 of the Rules of
Court was sufficient notice to petitioners of the limitation on Montinola's
right to dispose of the property. The presence of an irregularity which
excites or arouses suspicion should prompt the vendee to look beyond the
certificate and investigate the title of the vendor appearing on the face
thereof. Purchasers of registered land are bound by the annotations found
at the back of the certificate of title.

Hence, petitioners cannot be considered buyers in good faith and

cannot now avoid the consequences brought about by the application of
Rule 74, Section 4 of the Rules of Court.
 Rule 75
1. Manahan vs. Manahan, G.R. No. 38050, September 22, 1933

Facts:

The petitioner herein, niece of the testatrix, was named the executrix
in said will. The court set the date for the hearing and the necessary notice
required by law was accordingly published. On the day of the hearing of
the petition, no opposition thereto was filed and, after the evidence was
presented, the court entered the decree admitting the will to probate as
prayed for. The will was probated and the trial court appointed the herein
petitioner executrix. One year and seven months later, the appellant herein
filed a motion for reconsideration and a new trial, praying that the order
admitting the will to probate be vacated and the “authenticated will” be
declared null and void ab initio.

Issue:

Whether or not the Order admitting the probate of the will can be
questioned on appeal.

Ruling:

No, said Order cannot be questioned on appeal.

In Castañeda vs. Alemany, 3 Phil., 426, the Supreme Court held that,
“The decree of probate is conclusive with respect to the due execution
thereof and it cannot impugned on any of the grounds authorized by law,
except that of fraud, in any separate or independent action or
proceedings.”

Here, this question can no more be raised in this case on appeal. After
due hearing, the court found that the will in question was valid and
effective and the order admitting it to probate, thus promulgated, should
be accepted and respected by all. The probate of the will in question now
constitutes res judicata.
2. Garcia vs. Santos, G.R. No. 204793, June 8, 2020

Facts:

Upon the death of Consuelo Garcia, one of his children Catalino filed
a petition to settle the intestate estate. This was opposed by Natividad, the
daughter of Consuelo contending that she already filed a petition for the
probate of the will of Consuelo. Eventually, the two cases were
consolidated and hearing ensued. However, RTC ruled that the will is
dubious and should not be allowed probate, giving credence to Rolando’s
testimony that Consuelo declared that she had no will and that her
properties would be equally divided between her two children. The RTC
deemed it irregular when the purported will was suddenly produced only
after Consuelo’s death and not years earlier especially since it was
allegedly executed 10 years before her death. Moreover, the will
unconscionably favored Natividad as she was named as the executrix of
the will and most of the properties were disposed in her favor. This was
reversed by the CA holding that the witnesses established the due
execution and authenticity of the will and that the authority of the court is
limited to ascertaining the extrinsic validity of the will.

Issue:

Whether or not the RTC sitting as a probate court may pass upon the
intrinsic validity of the will.

Ruling:

No, the probate court may not pass upon the intrinsic validity of the
will.

In Baltazar v. Laxa, 685 Phil. 484, 497, 498 (2012), it was held that,
“The main issue which the court must determine in a probate proceeding is
the due execution or the extrinsic validity of the will. The probate court
cannot inquire into the intrinsic validity of the will or the disposition of the
estate by the testator. Thus, due execution is “whether the testator, being of
sound mind, freely executed the will in accordance with the formalities
prescribed by law.”

Here, inquiring into the intrinsic validity of the will or the manner in
which the properties were apportioned is not within the purview of the
probate court. “The court’s area of inquiry is limited to an examination of,
and resolution on, the extrinsic validity of the will.
3. Nuguid vs. Nuguid, G.R. No. L-23445, June 23, 1966

Facts:

Rosario Nuguid died single, without descendants, legitimate or

illegitimate. Surviving her were her legitimate parents, Felix Nuguid and
Paz Salonga Nuguid and six brothers and sisters. Herein petitioner
Remedios Nuguid (sister of Rosario) filed in the CFI of Rizal a holographic
will allegedly executed by Rosario some 11 years before her demise.
Petitioner prayed that said will be admitted to probate and that letters of
administration with the will annexed be issued to her. The legitimate
father and mother of the deceased Rosario Nuguid, entered their
opposition to the probate of her will. Ground therefor, inter alia, is that by
the institution of petitioner Remedios Nuguid as universal heir of the
deceased, oppositors — who are compulsory heirs of the deceased in the
direct ascending line — were illegally preterited and that in consequence
the institution is void.

Issue:

Whether or not the probate court’s limitation not to pass upon the
intrinsic validity of the will is absolute.

Ruling:

No, said limitation is not absolute.

In Case, et al. vs. Jugo, et al., 77 Phil. 517, 522, it was held that, “If the
case were to be remanded for probate of the will, nothing will be gained.
On the contrary, this litigation will be protracted. And for aught that
appears in the record, in the event of probate or if the court rejects the will,
probability exists that the case will come up once again before us on the
same issue of the intrinsic validity or nullity of the will. Result: waste of
time, effort, expense, plus added anxiety.”

Here, these are the practical considerations that induce the Court to a
belief that it might as well meet head-on the issue of the validity of the
provisions of the will in question.
4. Balanay vs Martinez, G.R. No. L-39247, June 27, 1975

Facts:

Atty. Montaña, claiming to be the lawyer of Felix Balanay, Jr and Sr.,

in his motion assailed the provision of the will which partitioned the
conjugal assets or allegedly effected a compromise of future legitimes. He
prayed that the probate of the will be withdrawn and that the proceeding
be converted into an intestate proceeding. Avelina B. Antonio and Delia B.
Lanaban, through Atty. Jose B. Guyo, in their comments manifested their
conformity with the motion for the issuance of a notice to creditors. They
prayed that the will be declared void for being contrary to law and that an
intestacy be declared. The lower court, acting on the motions of Atty.
Montaña, assumed that the issuance of a notice to creditors was in order
since the parties had agreed on that point. It adopted the view of Attys.
Montaña and Guyo that the will was void.

Issue:

Whether or not the probate court is correct in passing upon the

intrinsic validity of the will, before ruling on its allowance or formal
validity.

Ruling:

Yes, the probate court is correct.

In Nuguid vs. Nuguid, 17 SCRA 449 (1966), it was held that, “Where
practical considerations demand that the intrinsic validity of the will be
passed upon, even before it is probated, the court should meet the issue.”

Here, in view of certain unusual provisions of the will, which are of

dubious legality, and because of the motion to withdraw the petition for
probate (which the lower court assumed to have been filed with the
petitioner's authorization), the trial court acted correctly in passing upon
the will's intrinsic validity even before its formal validity had been
established. The probate of a will might become an idle ceremony if on its
face it appears to be intrinsically void.
5. Nepomuceno vs CA, G.R. No. L-62952, October 9, 1985

Facts:

The legal wife of the testator, Rufina Gomez and her children filed an
opposition alleging that petitioner having admitted her living in
concubinage with the testator, she is wanting in integrity and thus, letters
testamentary should not be issued to her. Subsequently, the lower court
denied the probate of the Will on the ground that as the testator admitted
in his Will to cohabiting with the petitioner from December 1952 until his
death on July 16, 1974, the Will's admission to probate will be an Idle
exercise because on the face of the Will, the invalidity of its intrinsic
provisions is evident.

Issue:

Whether or not the lower court is correct in passing upon the intrinsic
validity of the will.

Ruling:

Yes, the lower court is correct.

In Balanay, Jr v. Martinez, 64 SCRA 452, the Supreme Court ruled

that, “the trial court acted correctly in passing upon the will's intrinsic
validity even before its formal validity had been established. The probate
of a will might become an Idle ceremony if on its face it appears to be
intrinsically void. Where practical considerations demand that the intrinsic
validity of the will be passed upon, even before it is probated, the court
should meet the issue.”

Here, the prohibition in Article 739 of the Civil Code is against the
making of a donation between persons who are living in adultery or
concubinage. It is the donation which becomes void. The giver cannot give
even assuming that the recipient may receive. The very wordings of the
Will invalidate the legacy because the testator admitted he was disposing
the properties to a person with whom he had been living in concubinage.
6. Nufable vs. Nufable, G.R. No. 126950, July 2, 1999

Facts: