Case Digest (G.R. No. L-5549)
Facts:
Re: Transfer Certificate of Title No. 14123, G.R. No. L-5549, February 26, 1954, the Supreme Court En Banc, Labrador, J., writing for the Court. Petitioners-appellants are Tirso T. Reyes, as guardian of the minors Azucena, Flor-de-Lis and Tirso, Jr., all surnamed Reyes y Barretto; respondent-oppositor and appellant is Lucia Milagros Barretto (Barretto‑Datu).Bibiano Barretto died on February 18, 1936. In the testate proceedings for settlement of his estate, Salud Barretto and Lucia Milagros Barretto were declared his children and heirs. At that time Lucia Milagros was a minor (about 15 years old) and separate guardianship proceedings (Case No. 49881) had been instituted for her. A project of partition of the estate, signed by Salud, by Lucia Milagros (minor), and by the surviving spouse Maria Gerardo—the latter signing “on her own behalf and as guardian for the minor, Milagros Barretto”—was submitted and approved by the court; the partition project was filed with the Register of Deeds of Bulacan on May 22, 1940, but Transfer Certificate of Title (TCT) No. 14123 in the name of Bibiano was not cancelled.
Maria Gerardo died on March 5, 1948. In the probate proceedings of her estate, Lucia Milagros submitted a will purported to be Maria’s, which stated that Maria and Bibiano had only one child—Lucia Milagros; that will was declared to be Maria’s last will and testament in that separate proceeding. On March 19, 1951, Reyes (guardian for the minors) filed, in registration proceedings (Case No. 116, G. L. R. O. Record No. 12908), a petition for cancellation of TCT No. 14123 and issuance of new title(s) reflecting the partition: the three minors as co‑owners of an undivided one‑half share and Lucia Milagros as owner of the other half. Lucia Milagros opposed, arguing (a) the partition project was null because she was a minor when she “signed” it and Maria Gerardo had no authority to sign as her guardian, and (b) Salud was not a child of Bibiano (citing Maria’s will).
The Court of First Instance of Bulacan overruled Lucia Milagros’ objections and ordered the surrender and cancellation of TCT No. 14123 and issuance of the new title conforming to the approved p...(Subscriber-Only)
Issues:
- In a registration proceeding, may a party collaterally attack an earlier court order approving a project of partition on the ground that the order is null and void because a minor’s guardian lacked authority to sign?
- May extraneous evidence (a will proved in another case) showing a different lineage be considered in the registration proceeding to invalidate the earlier partition and...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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