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Agtarap vs Agtarap (June 8, 2011) Mercedes, Gloria and Milagros in one proceeding

FACTS: o Estate of Milagros cannot be distributed, since a proceeding was

already conducted in another
Decedent Joaquin left (2) parcels of land with improvements. He contracted court for the probate of Milagros’ will, thus violating the rule on
(2) marriages. precedence of testate over
with Lucia (W1), who died 1924; three children, Jesus (+), Milagros (+), Jose intestate proceedings.
(+) o RTC, acting as an intestate court with limited jurisdiction has no
Then with Caridad (W2), with three children, Eduardo, Sebastian, Mercedes jurisdiction to determine questions of ownership which belongs to
another court with general jursdiction
Son Eduardo (W2) filed petition for settlement of Joaquin’s intestate estate.
RTC issued resolution appointing Eduardo as administrator. ISSUE:
Whether the RTC as intestate court has jurisdiction to resolve
The RTC issued an Order of Partition on Oct 23, 2000 which ruled that “bulk ownership of real properties? (Yes)
of estate property -CA settlement of Joaquin estate together with the estates of the
were acquired during the existence of 2nd marriage, TCTs showing Joaquin other heirs
married to Caridad. -Legitimacy of Joseph & Teresa

Eduardo, Sebastian, and oppositors Joseph & Teresa (Jose children) filed
their respective motions for reconsiderations. The RTC RULING:
o Denied Eduardo & Sebastian MRs
o Granted MR of Joseph & Teresa Eduardo’s petition granted. Sebastian’s petition denied. CA affirmed with
o Declared “real properties belonged to conjugal partnership of modification that the share awarded in favor of Milagros shall not be
Joaquin & Lucia” and directed Oct Partition to reflect correct sharing distributed until the final determination of the probate of the will.
of heirs
Sebastian to be represented by wife and children, given that Sebastian died
Eduardo & Sebastian both appealed to CA before RTC could issue new order on January 15, 2010.
of partition. The CA dismissed the appeals and affirmed the RTC resolution.
The CA also directed the partition of Joaquin’s Case remanded to RTC for further settlement of Joaquin’s estate.
properties. Aggrieved, Sebastian and Eduardo filed separate MRs which were
denied. They filed separate petitions for review which were eventually HELD:
RTC has jurisdiction to resolve ownership of the real properties.
Sebastian contended that
o Joseph & Teresa failed to establish that they are legitimate heirs of Gen Rule: Jurisdiction of trial court, either as probate or intestate court,
Jose, and thus of their grandfather Joaquin relates only to matters having to do with probate of will and or settlement of
o Certificates of title of subject property indicate “Joaquin married to estate of deceased persons and does not extend to determination of questions
Caridad” which is conclusive proof of ownership, and thus not of ownership that arise during the proceedings.
subject to collateral attack
Exceptions, as justified by expediency and convenience:
Eduardo alleged
o CA erroneously settled Joaquin’s estate together with the estates of Probate court may provisionally pass upon in intestate or testate
Lucia, Jesus, Jose, proceeding the question of inclusion or exclusion, from inventory of
a piece of property without prejudice to final determination in a
separate action.

If interested parties are all heirs or the question is one of collation or

advancement of the parties consent to the assumption of jurisdiction
by the court and the rights of third persons are not impaired.

Estate is settled and distributed among heirs only after payment of debts of
the estate, funeral charges, administrative expense, allowance to the widow,
and inheritance tax. Records show these were not complied with in1965.

Sebastian did not present evidence to support avermrnts to exclude Joseph

and Teresa as heirs.

CA disposition related only to the estate of Joaquin.

Sec 1 Rule 90: RTC granted jurisdiction to determine lawful heirs of

Joaquin as well as their respective shares in the payment of

The inclusion of Lucia, Jesus, Mercedes and Gloria was merely a

necessary consequence of the settlement of Joaquin’s estate, they being his
legal heirs.