DR. NIXON L. TREYES, PETITIONER, VS. ANTONIO L. LARLAR, REV. FR.

EMILIO
L. LARLAR, HEDDY L. LARLAR, ET AL., RESPONDENTS. [ G.R. No. 232579,
September 08, 2020 ]

FACTS:

Rosie Larlar Treyes died without a will and without any children. At the time of her
death, she owned fourteen real estate properties with her husband, Dr. Nixon Treyes,
as conjugal properties. Subsequently, Dr. Nixon executed two Affidavits of Self-
Adjudication, transferring the estate of Rosie unto himself, claiming that he was the sole
heir. Rosie left behind seven siblings, Antonio, Emilio, Heddy, Rene, Celeste, Judy, and
Yvonne (Larlar, et al.). Larlar, et al. filed a Complaint for annulment of the Affidavits,
cancellation of TCTs, reconveyance of ownership and possession, partition, and
damages. Dr. Nixon filed a Motion to Dismiss, but the RTC denied it. Treyes then filed a
petition for Certiorari under Rule 65 before the Court of Appeals, which was also denied.
Hence, the instant petition.

ISSUE:

Is it necessary for the court to determine an heir's status in a separate special

proceeding before filing an ordinary civil action for recovery of ownership and
possession of the property?

RULING:

No. Before filing an ordinary civil action for recovery of ownership and possession of
property, Larlar along with others do not need to establish their rights as intestate heirs
in a separate special proceeding. In accordance with Article 777 of the Civil Code,
succession rights are transmitted from the moment of the decedent's death. The Court
has ruled that the title or rights to a deceased person's property pass to his or her heirs
immediately upon death, without the need for them to be declared heirs. The Civil Code
identifies certain relatives as compulsory heirs and intestate heirs, and they are entitled
to one-half of the decedent's inheritance, subject to proof. In this case, Larlar, et al., as
siblings of Rosie, are entitled to their share of the inheritance without a prior separate
judicial determination of their heirship. Delaying the enforcement of the rights of the
heirs until their heirship is determined with finality in a separate special proceeding
would contradict Article 777 of the Civil Code. The Court supports the institution of an
ordinary civil action by legal heirs based on their right of succession without a previous
and separate judicial declaration of their status as such. Therefore, unless there is a
pending special proceeding for the settlement of the decedent’s estate or for the
determination of heirship, the compulsory or intestate heirs may commence an ordinary
civil action to declare the nullity of a deed or instrument, and for recovery of property, or
any other action in the enforcement of their ownership rights acquired by virtue of
succession, without the necessity of a prior and separate judicial declaration of their
status as such.