Heirs of Gabatan v. CA, GR No.

150206, March 13, 2009

Facts:

A 1.1062 hectare parcel of land situated at Calinugan, Balulang, Cagayan de Oro City was the subject of
the controversy. The subject land was declared for taxation in the name of Juan Gabatan.

In the complaint before the RTC of Cagayan de Oro City, private respondent Lourdes Pacana (Pacana)
alleged that she is the sole owner of it, having inherited the same from her deceased mother, Hermogena
Gabatan Evero (Hermogena). Pacana further claimed that her mother, Hermogena, is the only child of Juan
Gabatan and his wife, Laureana Clarito. Respondent alleged that upon the death of Juan Gabatan, Lot
3095 C-5 was entrusted to his brother, Teofilo Gabatan (Teofilo), and Teofilo’s wife, Rita Gabatan, for
administration. It was also claimed that prior to her death Hermogena demanded for the return of the land
but to no avail.

After Hermogena’s death, respondent also did the same but petitioners refused to heed the numerous
demands to surrender the subject property. According to respondent, when Teofilo and his wife died,
petitioners took possession of the disputed land despite respondent’s demands for them to vacate the
same.

Petitioners denied that respondent’s mother Hermogena was the daughter of Juan Gabatan with Laureana
Clarito and that Hermogena or respondent is the rightful heir of Juan Gabatan. Petitioners maintained that
Juan Gabatan died single in 1934 and without any issue and that Juan was survived by one brother and
two sisters, namely: Teofilo (petitioners’ predecessor-in-interest), Macaria and Justa.

The RTC ruled in favor Pacana. Such decision was affirmed by the CA. Hence, this petition.

Issue:

Whether or not determination of heirship may be made in an ordinary suit

Ruling:

As the rule would put it, NO.

Jurisprudence dictates that the determination of who are the legal heirs of the deceased must be made in
the proper special proceedings in court, and not in an ordinary suit for recovery of ownership and
possession of property. This must take precedence over the action for recovery of possession and
ownership. The Court has consistently ruled that the trial court cannot make a declaration of heirship in the
civil action for the reason that such a declaration can only be made in a special proceeding. A special
proceeding is a remedy by which a party seeks to establish a status, a right, or a particular fact. It is then
clear that the declaration of heirship can be made only in a special proceeding inasmuch as the petitioners
here are seeking the establishment of a status or right.

However, in the case of Portugal v. Portugal- Beltran, the Supreme Court relaxed its rule and allowed the
trial court in a proceeding for annulment of title to determine the status of the party therein as heirs.

Similarly, in the present case, there appears to be only one parcel of land being claimed by the contending
parties as their inheritance from Juan Gabatan. It would be more practical to dispense with a separate
special proceeding for the determination of the status of respondent as the sole heir of Juan Gabatan,
specially in light of the fact that the parties to Civil Case No. 89-092, had voluntarily submitted the issue to
the RTC and already presented their evidence regarding the issue of heirship in these proceeding.