Settlement of Estate

Agtarap v Agtarap
651 SCRA, June 8, 2011
FACTS:

Decedent Joaquin left (2) parcels of land with improvements. He contracted

(2) marriages.
With Lucia (W1), who died 1924; three children, Jesus (+), Milagros (+),
Jose (+)
Then with Caridad (W2), with three children, Eduardo, Sebastian,
Mercedes
Son Eduardo (W2) filed petition for settlement of Joaquins intestate estate.
RTC issued resolution appointing Eduardo as administrator.
The RTC issued an Order of Partition on Oct 23, 2000 which ruled that bulk of
estate property were acquired during the existence of 2 nd marriage, TCTs
showing Joaquin married to Caridad.
Eduardo, Sebastian, and oppositors Joseph & Teresa (Jose children) filed their
respective motions for reconsiderations. The RTC
Denied Eduardo & Sebastian MRs
Granted MR of Joseph & Teresa
Declared real properties belonged to conjugal partnership of Joaquin &
Lucia and directed Oct Partition to reflect correct sharing of heirs
Eduardo & Sebastian both appealed to CA before RTC could issue new order
of partition. The CA dismissed the appeals and affirmed the RTC resolution.
The CA also directed the partition of Joaquins properties. Aggrieved,
Sebastian and Eduardo filed separate MRs which were denied. They filed
separate petitions for review which were eventually consolidated.
Sebastian contended that
Joseph & Teresa failed to establish that they are legitimate heirs of
Jose, and thus of their grandfather Joaquin
Certificates of title of subject property indicate Joaquin married to
Caridad which is conclusive proof of ownership, and thus not subject
to collateral attack
Eduardo alleged
CA erroneously settled Joaquins estate together with the estates of
Lucia, Jesus, Jose, Mercedes, Gloria and Milagros in one proceeding
Estate of Milagros cannot be distributed, since a proceeding was
already conducted in another court for the probate of Milagros will,
thus violating the rule on precedence of testate over intestate
proceedings.
RTC, acting as an intestate court with limited jurisdiction has no
jurisdiction to determine questions of ownership which belongs to
another court with general jursdiction

ISSUE:

RTC as intestate court has jurisdiction to resolve ownership of real

properties?
CA settlement of Joaquin estate together with the estates of the other heirs
Legitimacy of Joseph & Teresa

HELD:

Eduardos petition granted. Sebastians petition denied. CA affirmed with

modification that the
share awarded in favor of Milagros shall not be distributed until the
final determination of the probate of the will .
Sebastian to be represented by wife and children, given demise in
2010
Case remanded to RTC for further settlement of Joaquins estate.
RTC has jurisdiction to resolve ownership of the real properties.
Gen Rule: Jurisdiction of trial court, either as probate or intestate court,
relates only to matters having to do with probate of will and or
settlement of estate of deceased persons and does not extend to
determination of questions of ownership that arise during the
proceedings.
Exceptions, as justified by expediency and convenience:
Probate court may provisionally pass upon in an intestate or
testate proceeding the question of inclusion or exclusion, from
inventory of a piece of property w/o prejudice to final
determination in a separate action
If interested parties are all heirs or question is one of
collation/advancement or parties consent to the assumption of
of jurisdiction by the court and the rights of 3P are not impaired
Estate is settled and distributed among heirs only after payment of debts of
the estate, funeral charges admin expenses, allowance to th widow, and
inheritance tax. Records show these were not complied with in 1965.
Sebastian did not present evidence to support averments 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 respective shares in the payment of obligations
The inclusion of Lucia, Jesus, Jose, Mercedes and Gloria was merely a
necessary consequence of the settlement of Joaquins estate, they
being his legal heirs.