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56- Agtarap v Agtarap (June 8, 2011) FACTS:

Decedent Joaquin left (2) parcels of land with improvements. He contracted (2) marriages. o With Lucia (W1), who died 1924; three children, Jesus (+), Milagros (+), Jose (+) o 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 2nd marriage, TCTs showing Joaquin married to Caridad. Eduardo, Sebastian, and oppositors Joseph & Teresa (Jose children) filed their respective motions for reconsiderations. The RTC o Denied Eduardo & Sebastian MRs o Granted MR of Joseph & Teresa o 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 o Joseph & Teresa failed to establish that they are legitimate heirs of Jose, and thus of their grandfather Joaquin o 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 o CA erroneously settled Joaquins estate together with the estates of Lucia, Jesus, Jose, Mercedes, Gloria and Milagros in one proceeding o 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. o 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 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

ISSUE:

HELD:
Eduardos petition granted. Sebastians petition denied. CA affirmed with modification that the o share awarded in favor of Milagros shall not be distributed until the final determination of the probate of the will . o 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. o 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. o 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. o Sec 1 Rule 90: RTC granted jurisdiction to determine lawful heirs of Joaquin as well as respective shares in the payment of obligations o 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.