Vous êtes sur la page 1sur 2


GONZALES, 36 SCRA 462 (1970)

Mangaliman was an illegitimate daughter of Alejandro Gonzales. In a letter, she was
given a legacy of 1/8 undivided portion of Hacienda Evangelista, but since she was
still a minor then, her share was placed under the guardianship of her half- brother
Alejandro Gonzales, Jr. Respondent- apellee, Manuel Gonzales is a legitimate son of
the testator and the administrator of the estate
Hacienda Evangelista, however, for alleged failure of the other heirs to pay the
aforesaid amount, was levied upon and subsequently sold by the probate court. A
final deed of sale was issued to respondent a year later after the failure of the
petitioners guardian to redeem her undivided share.
In April 1962, petitioner already of age, filed a petition before the same probate
court for the reconveyance of her 1/8 undivided share contending that respondent
had obtained the subsequent writs of execution through fraud and
Probate court ruled that respondent may not be divested of title under a
probate proceeding but in an independent suit filed with competent court. Hence
this appeal by petitioner.

Whether CFI, as probate court, has jurisdiction to entertain a petitioners motion for

NO. the CFI, acting as a probate court, has limited jurisdiction and cognizance of
matters of probate both testate and intestate. But this should be understood to
comprehend only cases related to those powers specified by law, and cannot extend
to the adjudication of collateral matters.
The petition for reconveyance has given rise to a controversy involving rights over a
real property which would require the presentation of evidence and the
determination of legal question that should be ventilated in a court of general