Agtarap v Agtarap (June 8, 2011)
o CA erroneously settled Joaquin’s estate together with the
FACTS:
 Decedent Joaquin left (2) parcels of land with improvements. He
contracted (2) marriages.
o With Lucia (W1), who died 1924; three children, Jesus (+),
Milagros (+), Jose (+)
o Then with Caridad (W2), with three children, Eduardo, Se-
bastian, Mercedes
 Son Eduardo (W2) filed petition for settlement of Joaquin’s intes-
tate estate. RTC issued resolution appointing Eduardo as adminis-
trator.
 The RTC issued an Order of Partition on Oct 23, 2000 which ruled
that “bulk of estate property were acquired during the existence of
2nd marriage, TCTs showing Joaquin married to Caridad.
 Eduardo, Sebastian, and oppositors Joseph & Teresa (Jose chil-
dren) filed their respective motions for reconsiderations. The RTC
o Denied Eduardo & Sebastian MRs
o Granted MR of Joseph & Teresa
o Declared “real properties belonged to conjugal partnership
of Joaquin & Lucia” and directed Oct Partition to reflect cor-
rect sharing of heirs
 Eduardo & Sebastian both appealed to CA before RTC could issue
new order of partition. The CA dismissed the appeals and affirmed
the RTC resolution. The CA also directed the partition of Joaquin’s
properties. Aggrieved, Sebastian and Eduardo filed separate MRs
which were denied. They filed separate petitions for review which
were eventually consolidated.
 Sebastian contended that
o Joseph & Teresa failed to establish that they are legitimate
heirs of Jose, and thus of their grandfather Joaquin
o Certificates of title of subject property indicate “Joaquin
married to Caridad” which is conclusive proof of ownership,
and thus not subject to collateral attack
 Eduardo alleged
estates of Lucia, Jesus, Jose, Mercedes, Gloria and Mila-
gros in one proceeding
o Estate of Milagros cannot be distributed, since a proceeding
was already conducted in another court for the probate of
Milagros’ will, thus violating the rule on precedence of tes-
tate over intestate proceedings.
o RTC, acting as an intestate court with limited jurisdiction
has no jurisdiction to determine questions of ownership
which belongs to another court with general jursdiction
ISSUE:
 RTC as intestate court has jurisdiction to resolve ownership of
real properties?
 CA settlement of Joaquin estate together with the estates of the
other heirs
 Legitimacy of Joseph & Teresa
HELD:
 Eduardo’s petition granted. Sebastian’s petition denied. CA af-
firmed with modification that the
o share awarded in favor of Milagros shall not be distributed
until the final determination of the probate of the will .
o Sebastian to be represented by wife and children, given
demise in 2010
 Case remanded to RTC for further settlement of Joaquin’s estate.
 RTC has jurisdiction to resolve ownership of the real properties.
o Gen Rule: Jurisdiction of trial court, either as probate or in-
testate court, relates only to matters having to do with pro-
bate of will and or settlement of estate of deceased persons
and does not extend to determination of questions of own-
ership that arise during the proceedings.
o Exceptions, as justified by expediency and convenience:
 Probate court may provisionally pass upon in an in-
 testate or testate proceeding the question of inclu-
sion or exclusion, from inventory of a piece of prop-
erty w/o prejudice to final determination in a separate
action
 If interested parties are all heirs or question is one of
collation/advancement or parties consent to the as-
sumption of of jurisdiction by the court and the rights
of 3P are not impaired
 Estate is settled and distributed among heirs only after payment of
debts of the estate, funeral charges admin expenses, allowance to
th widow, and inheritance tax. Records show these were not com-
plied with in 1965.
 Sebastian did not present evidence to support averments to ex-
clude Joseph and Teresa as heirs.
 CA disposition related only to the estate of Joaquin.
o Sec 1 Rule 90: RTC granted jurisdiction to determine lawful
heirs of Joaquin as well as respective shares in the pay-
ment of obligations
o The inclusion of Lucia, Jesus, Jose, Mercedes and Gloria
was merely a necessary consequence of the settlement of
Joaquin’s estate, they being his legal heirs.