G.R. No.

156536 October 31, 2006

JOSEPH CUA, petitioner,
vs.
GLORIA A. VARGAS, AURORA VARGAS, RAMON VARGAS, MARIES VARGAS,
E!ELINA VARGAS AN! GEMMA VARGAS, respondents.
FACTS:
A parcel of residential land with an area of 99 square meters located in San Juan, Virac,
Catanduanes was left behind by the late Paulina Vargas. n !ebruary ", #99", a
notari$ed %&tra Judicial Settlement Among 'eirs was e&ecuted by and among Paulina
Vargas( heirs, namely %ster Vargas, Visitacion Vargas, Juan Vargas, )enaida V. *atien$o,
+osario V. !orte$a, Andres Vargas, ,loria Vargas, Antonina Vargas and !lorentino Vargas,
partitioning and ad-udicating unto themsel.es the lot in question, each one of them
getting a share of ## square meters. !lorentino, Andres, Antonina and ,loria, howe.er,
did not sign the document. Only Ester, Visitacion, Juan, Zenaida and Rosario
signed it. /he %&tra Judicial Settlement Among 'eirs was published in the Catanduanes
/ribune for three consecuti.e wee0s.
1
n 2o.ember #3, #99", an %&tra Judicial Settlement Among 'eirs with Sale
"
was again
e&ecuted by and among the same heirs o.er the same property and also with the same
sharings. Once more, only Ester, Visitacion, Juan, Zenaida and Rosario signed
the document and their respecti.e shares totaling 33 square meters were sold to
Joseph Cua, petitioner herein.
+espondents argue that said %&tra Judicial Settlement cannot bind them for it was
e&ecuted without their consent and participation.
SS!E"S:
42 said Settlement would bind the respondents who did not gi.e their consent5
#E$%:
2o. 6t would not bind them. /he Supreme Court ga.e the following reason.
/he procedure outlined in Section # of +ule 7" is an ex parte proceeding. /he rule
plainly states, howe.er, that persons who do not participate or had no notice of an
e&tra-udicial settlement will not be bound thereby.
#8
6t contemplates a notice that has
been sent out or issued before any deed of settlement and9or partition is agreed upon
:i.e., a notice calling all interested parties to participate in the said deed of e&tra-udicial
settlement and partition;, and not after such an agreement has already been
e&ecuted
#9
as what happened in the instant case with the publication of the <rst deed of
e&tra-udicial settlement among heirs.