5.

 BERNARDO v. CA
 February 28, 1963

FACTS:
Eusebio Capili and Hermogena Reyes were husband and wife. Eusebio died and his properties were disposed in his will
to his wife Hermogena and his 6 cousins which included Deogracias Bernardo, the executor. The wife died and she
was substituted byher collateral relatives, upon executor Bernardo's petition. Petitioner-executor filed his project of partition,
but was opposed by collateral relatives claiming that ½ of the properties disposed of in the will are part of the spouses ’
 conjugal partnership. Probate court heard evidence. Petitioner contended that it was donated by the wife to the husband so it
was not part of CPG and that the oppositors cannot question the validity of the donation in the probate proceedings.
Oppositors rebutted that since it was donated during marriage, it was void; hence, the husband did not own it and cannot
dispose it by will. Probate court ordered the donation voided and that executor submit another project of partition. Petitioner
filed Motion for New trial (MNT) on the ground that probate court had no jurisdiction, but was denied. Petitioner filed for appeal
to CA, but was also denied. Hence, this petition for review by certiorari before the SC.

ISSUE:
Whether or not a probate court can determine a question of ownership over property during distribution.

HELD:
YES. Probate court has to liquidate the conjugal partnership to determine the testator's estate to be distributed to the heirs
who are parties to the proceedings. As a general rule, question as to title to property cannot be passed
upon on testate or intestate proceedings," except:

a. where one of the parties prays merely for the inclusion or exclusion from the inventory of the property, in which case the
probate court may pass provisionally upon the question without prejudice to its final determination in a separate action

b. when the parties interested are all heirs of the deceased, it is optional to them to submit to the probate court a question as
to title to property, and when so submitted, said probate court may definitely pass judgment thereon

c. all parties give consent so that matters affecting property under judicial administration may be taken cognizance of by the
court in the course of intestate proceeding, provided interests of third persons are not prejudiced