Lourdes Sampayo and Ignacio Conti were the co-owners of
property located in Lucena City. Lourdes died intestate without issue. Subsequently, private respondents, all claiming to be correlative relatives of the deceased Lourdes, filed an action for partition and damages before the RTC-Lucena City. Ignacio Conti refused the partition on the ground that private respondents failed to produce any document to prove that they were the rightful heirs of Lourdes. Ignacio died and was substituted as party-defendants by his children. To prove their filiation to Lourdes, private respondents presented Lydia Sampayo-Reyes and Adelaida Sampayo. Lydia testified that she was one of the nieces of Lourdes, being the daughter of Josefina Sanpayo, the only living sibling of Lourdes. They presented her original copy of certificate of live birth showing that her parents are Inocentes Reyes and Josefina Sampayo. Lydia also testified that the other siblings of Lourdes who were already dead were Remedios, Luis, and Manuel. To prove that Josefina, Remedios, Manuel, and Luis were siblings of Lourdes, their baptismal certificate together with a photocopy of the birth certificate of Manuel were offered as evidence to show that their parents, like Lourdes, were Antonio Sampayo and Brigida Jaraza. The baptismal certificates were presented in lieu of the birth certificates because the office of the civil registrar were burned on two separate occasions, thus all civil registration records were totally burned. Adelaida Sampayo testified that she was the spouse of Manuel, the brother of the deceased Lourdes. To rebut the claim of the private respondents, petitioner claimed that the late Ignacio Conti paid for the real taxes of the subject property and spent for the necessary repairs and improvements thereon because by agreement Lourdes would leave her share of the property them.
However, the trial court found no will, either testamentary
or holographic, was presented to substantiate their claim. So it declared that the private respondents are the rightful heirs of Lourdes. The CA affirmed the decision of the RTC. The CA also declared that a prior and separate judicial declaration of heirship was not necessary and that private respondents became the co-owners of the portions of the property owned and registered in the name of Lourdes upon her death and, consequently, entitled to the immediate possession thereof and all other incidents/right of ownership as provided by law including the right to demand partition under Art. 777 of the civil code. Hence, petitioner pursued the case arguing that a complaint for partition to claim a supposed share of the deceased coowner cannot prosper without prior settlement of the latters estate and compliance with the legal requirements, especially publication, and private respondents failed to prove by competent evidence their relationship with the deceased.
Issue: Whether or not the argument of the petitioner is correct? Ruling:
The Petitioner is wrong. A prior settlement of estate is
not essential before the heirs can commence any action originally pertaining to the deceased. Conformably with Articles 777 and 494 of the civil code, from the death of Lourdes her rights as co-owner, incidental to which is the right to ask for partition at any time or to terminate the co-ownership, were transmitted to her rightful heirs. So, in demanding partition, private respondent merely exercised the right originally pertaining to the decedent, their predecessor-in-interest. Petitioners theory of publication is also wrong because the action is not for the partition of the state of Lourdes but only for the segregation of Lourdes one-half share to the subject property which they inherited from her through intestate succession. This is a simple case of ordinary partition between co-owners over which publication is not required.
IN THE MATTER OF THE INTESTATE ESTATE OF ANDRES G. DE JESUS AND BIBIANA ROXAS DE JESUS, SIMEON R. ROXAS & PEDRO ROXAS DE JESUS, Petitioners, vs. ANDRES R. DE JESUS, JR