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ISSUE:
RULING:
NO. The action was instituted almost 4 years after the affidavit of
adjudication was registered in the Office of the Register of Deeds of
Pangasinan. The procedure outlined in Section 1 of Rule 74 of
extrajudicial settlement, or by affidavit, is an ex parte proceeding. It
cannot by any reason or logic be contended that such settlement or
distribution would affect third persons who had no knowledge either
of the death of the decedent or of the extrajudicial settlement or
affidavit, especially as no mention of such effect is made, either
directly or by implication. We have examined the two cases cited by
appellants and there is no similarity at all between the
circumstances on which the ruling therein had been predicated and
those of the case at bar.