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Doctrine: The RTC is devoid of authority, acting in its general jurisdiction, to render
an adjudication and resolve the issue of advancement of the real property in favor
of the petitioner Natcher since the case for reconveyance and annulment of title
with damages is not the proper vehicle to thresh out said question. RTC Manila
Branch 55 was not properly constituted as a probate court.
Facts:
- Spouses Graciano del Rosario and Graciana Esguerra were the owners of a
parcel of land in Manila which, upon the death of Graciano, became the
subject of an extrajudicial settlement leading to its division between the six
children and Graciano. Graciano received 8/14 of the property while the six
children received share each. Later on, in a separate agreement, Graciano
donated to his children a portion of his interest in the land. The land that
remained with him was further subdivided into two lots, with the first lot sold
to a third person. He retained ownership over the second lot.
- Graciano married Patricia Natcher and, during the marriage, he sold the
remaining lot he had to his wife. He died, leaving Patricia and his six children
as heirs. The children allege that, upon Gracianos death, Patricia through
fraud, misrepresentation and forgery, made it appear as if Graciano executed
a deed of Sale in her favor, effectively impairing their legitimes.
- Nacher acerred that she was legally married to Graciano and, under law, was
a compulsory heir of the latter. Since, during his lifetie, Graciano already
distributed properties to his children in advance, the children could no longer
claim against Gracianos estate.
- RTC Manila Branch 85 issued a ruling stating that the deed of sale is a
complete nullity since sale between spouses is prohibited by law but THAT,
the deed of sale may be regarded as a an extension of advance inheritence of
Patricia CA reversed and set aside the decision, ruling that it is the probate
court who has exclusive jurisdiction to make a just and legal distribution of
the estate and that the RTC, in trying an ordinary action for
reconveyance/annulment of title, went beyond its jurisdiction when it
performed the acts proper only in a special proceeding for the settlement of a
dead persons estate.
Issue/s:
- (1) May a Regional Trial Court acting as a court of general jurisdiction in an
action for reconveyance and annulment of title with damages adjudicate
matters relating to the settlement of the estate of a deceased person,
particularly on questions as to advancement of property made by the
decedent to any of the heirs?