Natcher v.

CA
ACTION
Petition for review on certiorari under Rule 45
HELD
Denied.
FACTS
Sps Del Rosario and Esguerra were registered owners of a land (9,322sqm) in Manila.
Esguerra died, leaving widower Del Rosario and 6 children.
Extrajudicial settlement of Esguerras estate, adjudicating and dividing the subject land
8/14 share - Del Rosario
1/14 share - each of 6 children
Thereafter, Del Rosario donated into 6 children 4,800sqm of his share.
Now left with 440sqm, Del Rosario divided the land into 2 (80sqm and 390sqm)
80sqm - sold to a 3rd person
Del Rosario married Natcher
390sqm - sold to her.
Del Rosario died.
COMPLAINT
Filed by 6 children, before RTC Manila
Alleged: Natcher was able to obtain the lot, via deed of sale, through employment of fraud,
misrepresentation, and forgery. Thus, legitimes were impaired.
ANSWER
Filed by Natcher
That she was legally married to Del Rosario, thus she is likewise a compulsory heir.
That Del Rosario already distributed properties, in advance, to his children. Thus, the
complainants cannot anymore claim.
RTC Manila
Deed of Sale is prohibited by law; thus null and void. Spouses cannot sell properties to
another. No evidence of separation of property agreed in the marriage settlement
Deed os sale cannot be a valid donation; prohibited under Art 133
Deed of sale, may however, be regarded as extension of advance inheritance of Natcher,
being also a compulsory heir.
CA
Reversed
Only a probate court has exclusive jurisdiction to make a just and legal distribution of the
estate.
RTC (which is 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.
Particularly when RTC ruled regarding the subject land as an advance inheritance
RTC should have merely ruled on the validity of (the) sale and left the issue on
advancement to be resolved in a separate proceeding instituted for that purpose
SC
Upheld CA
1) Civil Action v. Special Proceedings
a) Civil action - one by which a party sues another for the enforcement or protection
of a right, or the prevention or redress of a wrong.
Can either be ordinary or special.
Special Proceeding - a remedy by which a party seeks to establish a status, a right or
a particular fact.
In the nature of a distinct and independent proceeding for particular relief,
such as may be instituted independently of a pending action, by petition or
motion upon notice.
b) Thus,
An action for reconveyance and annulment of title with damages IS a civil action,
Matters relating to settlement of the estate of a deceased person such as
advancement of property made by the decedent IS a special proceeding.
And, as per Section 2, Rule 90 of the Rules of Court, questions as to
advancement made oby the deceased to any heir may be heard and
determined by the court having jurisdiction of the estate proceedings, WHICH
IS the probate courts.
c) In CAB,
Regional Trial Court in the instant case, acting in its general jurisdiction, IS
DEVOID of authority to render an adjudication and resolve the issue of
advancement of the real property in favor of Natcher
d) Further, whether a particular matter should be resolved by the Regional Trial Court
in the exercise of its general jurisdiction or its limited probate jurisdiction, IS NOT a
jurisdictional issue BUT a mere question of procedure.
In essence, it is a procedural question involving a mode of practice which may
be waived.
However, no forms of waiver existed on the part of Natcher and the 6 children.