Beruflich Dokumente
Kultur Dokumente
On March 17, 1994, petitioners executed an Extra-Judicial But the plaintiffs who claimed to be the legal heirs of the said Guido
Settlement of the estate of the deceased Guido and Isabel and Isabel Yaptinchay have not shown any proof or even a
Yaptinchay. semblance of it - except the allegations that they are the legal heirs
of the aforementioned Yaptinchays - that they have been declared
On August 26, 1994, petitioners discovered that a portion, if the legal heirs of the deceased couple. Now, the determination of
not all, of the aforesaid properties were titled in the name of who are the legal heirs of the deceased couple must be made in the
respondent Golden Bay Realty and Development Corporation proper special proceedings in court, and not in an ordinary suit for
(Golden Bay) under Transfer Certificate of Title Nos. (TCT) 225254 reconveyance of property.This must take precedence over the
and 225255. With the discovery of what happened to subject parcels action for reconveyance (Elena C. Monzon, et. al., v. Angelita
of land, petitioners filed a complaint for ANNULMENT and/or Taligato, CA-G-R No. 33355, August 12, 1992).
DECLARATION OF NULLITY OF TCT NO. 493363, 493364, 493665,
493366, 493367; and its Derivatives; As Alternative Reconveyance of
Realty WITH A PRAYER FOR A WRIT OF PRELIMINARY INJUNCTION In Litam, etc., et. al. v. Rivera[9], this court opined that the
and/or RESTRAINING ORDER WITH DAMAGES, docketed as RTC BCV- declaration of heirship must be made in an administration
94-127 before Branch 21 of the Regional Trial Court in Imus, Cavite. proceeding, and not in an independent civil action. This doctrine was
reiterated in Solivio v. Court of Appeals[10] where the court held:
Upon learning that Golden Bay sold portions of the parcels of
land in question, petitioners filed with the RTC an Amended "In Litam, et al. v. Rivera, 100 Phil. 364, where despite the pendency
Complaint to implead new and additional defendants and to of the special proceedings for the settlement of the intestate estate
mention the TCTs to be annulled. But the respondent court of the deceased Rafael Litam, the plaintiffs-appellants filed a civil
dismissed the Amended Complaint. action in which they claimed that they were the children by a
previous marriage of the deceased to a Chinese woman, hence,
Petitioners moved for reconsideration of the Order dismissing
entitled to inherit his one-half share of the conjugal properties
the Amended Complaint. The motion was granted by the RTC in an
acquired during his marriage to Marcosa Rivera, the trial court in the
Order[1] dated July 7, 1995, which further allowed the herein
civil case declared that the plaintiffs-appellants were not children of
petitioners to file a Second Amended Complaint,[2] which they
the deceased, that the properties in question were paraphernal
promptly did.
properties of his wife, Marcosa Rivera, and that the latter was his
On August 12, 1995, the private respondents presented a only heir. On appeal to this Court, we ruled that such declarations
Motion to Dismiss[3] on the grounds that the complaint failed to (that Marcosa Rivera was the only heir of the decedent) is improper,
state a cause of action, that plaintiffs did not have a right of action, in Civil Case No. 2071, it being within the exclusive competence of
that they have not established their status as heirs, that the land the court in Special Proceedings No. 1537, in which it is not as yet, in
being claimed is different from that of the defendants, and that issue, and, will not be, ordinarily, in issue until the presentation of
plaintiffs claim was barred by laches. The said Motion to Dismiss was the project of partition. (p. 378).
granted by the respondent court in its Order[4] dated October 25,
1995, holding that petitioners have not shown any proof or even a The trial court cannot make a declaration of heirship in the
semblance of it - except the allegations that they are the legal heirs civil action for the reason that such a declaration can only be made
of the above-named Yaptinchays - that they have been declared the in a special proceeding. Under Section 3, Rule 1 of the 1997 Revised
legal heirs of the deceased couple. Rules of Court, a civil action is defined as one by which a party sues
another for the enforcement or protection of a right, or the
Petitioners interposed a Motion for Reconsideration[5] but to
prevention or redress of a wrong while a special proceeding is a
no avail. The same was denied by the RTC in its Order[6] of February
remedy by which a party seeks to establish a status, a right, or a
23, 1996.
particular fact. It is then decisively clear that the declaration of
Undaunted, petitioners have come before this Court to seek heirship can be made only in a special proceeding inasmuch as the
relief from respondent courts Orders under attack. petitioners here are seeking the establishment of a status or right.
Petitioners contend that the respondent court acted with We therefore hold that the respondent court did the right
grave abuse of discretion in ruling that the issue of heirship should thing in dismissing the Second Amended Complaint, which stated no
first be determined before trial of the case could proceed. It is cause of action. In Travel Wide Associated Sales (Phils.), Inc. v. Court
petitioners submission that the respondent court should have of Appeals[11], it was ruled that:
xxx If the suit is not brought in the name of or against the real party
in interest, a motion to dismiss may be filed on the ground that the (the Extra Judicial Settlement) involving a portion of the subject
complaint states no cause of action. parcel of land. On March 21, 1997, the petitioners and the known
WHEREFORE, for lack of merit, the Petition under heirs of Anacleto Cabrera executed a Segregation of Real Estate and
consideration is hereby DISMISSED.No pronouncement as to costs. Confirmation of Sale (the Segregation and Confirmation) over the
SO ORDERED. same property. By virtue of the aforestated documents, TCT No. RT-
35551 (T-8070) was cancelled and new TCTs were issued: (1) TCT No.
FAUSTINO REYES, ESPERIDION G.R. No. 162956 T-98576 in the name of Anacleto Cabrera covering Lot 1851-A; (2)
REYES, JULIETA C. RIVERA, and
TCT No. T-98577 covering Lot 1851-B in the name of petitioner
EUTIQUIO DICO, JR.,
Petitioners, Eutiquio Dico, Jr.; (3) TCT No. T-98578 covering Lot 1851-C in the
1051 sq. m. They further allege that Spouses Cabrera were survived
This case is a Petition for Review on Certiorari under Rule
by two daughters Graciana, who died single and without issue, and
45 of the Revised Rules of Court from the decision of the Court of
Etta, the wife of respondent Peter and mother of respondent
Appeals (CA) dated September 29, 2003 in CA G.R. CV No. 68147,
Deborah Ann who succeeded their parents rights and took
entitled Peter B. Enriquez, et al. v. Faustino Reyes, et al., reversing
possession of the 1051 sq. m. of the subject parcel of land. During
the decision of the Regional Trial Court (RTC) of Cebu City, Branch XI
her lifetime, Graciana sold her share over the land to Etta. Thus,
dated June 29, 2000, which dismissed the complaint filed by the
making the latter the sole owner of the one-half share of the subject
respondents herein.[1]
parcel of land. Subsequently, Etta died and the property passed on
16, 1957 stating that his share in Lot No. 1851, the subject property, documents.
while 302.55 sq. m. belongs to Dionisia and the rest of the property
An ordinary civil action is one by which a party sues
is co-owned by Nicolasa Bacalso, Juan Reyes, Florentino Reyes and
another for the enforcement or protection of a right, or the
Maximiano Dico; (3) Extra-Judicial Settlement with Sale of the Estate
prevention or redress of a wrong.[10] A special proceeding, on the
of Dionisia Reyes dated April 17, 1996; (4) certificates of title in the
other hand, is a remedy by which a party seeks to establish a status,
name of the herein petitioners; and (5) Deed of Segregation of Real
a right or a particular fact.[11]
Estate and Confirmation of Sale dated March 21, 1997 executed by
the alleged heirs of Dionisia Reyes and Anacleto Cabrera. Alleging The Rules of Court provide that only a real party in interest
that the foregoing documents are fraudulent and fictitious, the is allowed to prosecute and defend an action in court.[12] A real party
respondents filed a complaint for annulment or nullification of the in interest is the one who stands to be benefited or injured by the
aforementioned documents and for damages. [5] They likewise judgment in the suit or the one entitled to the avails thereof.[13] Such
prayed for the repartition and resubdivision of the subject interest, to be considered a real interest, must be one which is
court will have the benefit of having before it the real adverse
On appeal, the Court of Appeals (CA) reversed the RTC and
parties in the consideration of a case.[17] Thus, a plaintiffs right to
directed the trial court to proceed with the hearing of the
institute an ordinary civil action should be based on his own right to
case.[8] The Motion for Reconsideration filed by the herein
the relief sought.
petitioners was similarly denied.[9]
The primary issue in this case is whether or not the through the institution of an ordinary civil action, such as a
respondents have to institute a special proceeding to determine complaint for reconveyance and partition,[18] or nullification of
their status as heirs of Anacleto Cabrera before they can file an transfer certificate of titles and other deeds or documents related
ordinary civil action to nullify the affidavits of Anacleto Cabrera and thereto,[19] this Court has consistently ruled that a declaration of
Dionisia Reyes, the Extra-Judicial Settlement with the Sale of Estate heirship is improper in an ordinary civil action since the matter is
of Dionisia Reyes, and the Deed of Segregation of Real Estate and within the exclusive competence of the court in a special
Confirmation of Sale executed by the heirs of Dionisia Reyes and the proceeding. [20] In the recent case of Portugal v. Portugal-
heirs of Anacleto Cabrera, as well as to cancel the new transfer Beltran,[21] the Court had the occasion to clarify its ruling on the