Title
Rebusquillo vs. Spouses Gualvez
Case
G.R. No. 204029
Decision Date
Jun 4, 2014
Avelina, not sole heir, signed void Affidavit of Self-Adjudication and simulated Deed of Sale to facilitate titling; SC upheld RTC, annulling documents without separate heirship proceeding.

Case Digest (G.R. No. 204029)
Expanded Legal Reasoning Model

Facts:

  • Parties and Background
  • Petitioners Avelina Abarientos Rebusquillo (substituted by her heirs, except Emelinda R. Gualvez) and Salvador A. Orosco filed a Complaint in RTC Branch 4, Legazpi City on October 26, 2004 for annulment and revocation of:
    • An Affidavit of Self-Adjudication dated December 4, 2001
    • A Deed of Absolute Sale dated February 6, 2002
  • Respondents Spouses Domingo and Emelinda Rebusquillo Gualvez were the grantees of both documents.
  • Decedent’s Estate
  • Eulalio Abarientos died intestate on July 3, 1964, leaving untitled land in Legazpi City (2,869 sqm; Tax Decl. ARP 0141).
  • Survived by his wife Victoria Villareal (d. 1983), six legitimate children (including Avelina and Fortunata, mother of Salvador), and one illegitimate child.
  • Execution and Discovery
  • In 2001, Avelina, at the behest of respondents, signed documents allegedly to facilitate titling.
  • In 2003, petitioners discovered the Affidavit and Deed actually conveyed the property to respondents.
  • Respondents admitted those documents were intended to enable titling, with an agreement that all heirs would share proceeds and reimburse costs.
  • Proceedings Below
  • RTC Decision (Jan. 20, 2009): Annulled both documents for lack of sole‐heir status and real intent to sell; ordered cancellation of Tax Decl. ARP 4143, reinstatement of ARP 0141; ordered petitioners to refund ₱50,000.
  • CA Decision (Mar. 30, 2012) and Resolution (Sept. 25, 2012): Reversed RTC, holding heirship issues require special intestate proceedings and notarized deed enjoys presumption of regularity.
  • Petitioners elevated the case to the Supreme Court via Rule 45 Petition for Review on Certiorari.

Issues:

  • Can heirship and the validity of extrajudicial settlement documents be determined in an ordinary civil action?
  • Was the Affidavit of Self-Adjudication valid when Avelina was not the sole heir?
  • Was the Deed of Absolute Sale void for lack of true intent and as an absolutely simulated contract?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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