Case Digest (G.R. No. L-45262)
Facts:
Ruperto Reyes and Reynaldo C. San Juan, in his capacity as Special Administrator, petitioners, vs. Hon. Lorenzo R. Mosqueda, Judge of CFI, Pampanga (Branch VII), and Ursula D. Pascual, respondents; G.R. Nos. L-45262, L-45394, G.R. Nos. 73241-42, July 23, 1990, Supreme Court Third Division, Gutierrez, Jr., J., writing for the Court.Dr. Emilio Pascual died intestate on November 18, 1972, survived by his sister Ursula D. Pascual and the descendants of other sisters, including Ruperto Reyes and Pedro Dalusong. On December 3, 1973 the heirs opened Special Proceedings No. 73-30-M in the Court of First Instance (CFI) of Pampanga for administration of the estate; Atty. Marcela Macapagal was first appointed special administratrix and later replaced by Reynaldo San Juan.
On February 12, 1976 Ursula moved to exclude certain properties from the estate inventory, asserting that Dr. Pascual had executed a "Donation Mortis Causa" on November 2, 1966 in her favor transferring numerous properties (including a Tondo, Manila lot shown in TCT No. 17854). On August 1, 1976 the CFI issued an order provisionally excluding the contested properties from the inventory and directing the special administrator to return the corresponding certificates of title to court custody “without prejudice to its final determination in a separate action.” A temporary restraining order (TRO) enjoining enforcement of that August 1, 1976 order was issued by this Court on January 5, 1977.
Separately, on May 15, 1969, Dr. Pascual had executed a deed of donation inter vivos over the Tondo lot in favor of Ofelia D. Parungao; Parungao's mother Rosario Duncil accepted for the minor donee. Parungao later sought reconstitution of the missing title (granted October 1977) and registered the property as TCT No. 129092 in her name, then moved for exclusion of the lot from the probated estate in the Pampanga proceedings. Meanwhile Ursula sold the Tondo lot on September 23, 1976 to several Reyes family members.
On May 2, 1978 Benjamin Reyes sued to annul TCT No. 129092 and reconvey title; Parungao counterclaimed and filed a separate possession action which were consolidated. On June 3, 1982 the CFI, Branch 8 (Manila) declared Parungao's TCT No. 129092 null and ordered restoration of TCT No. 17854 in the name of Emilio Pascual; this decision was affirmed by the Intermediate Appellate Court (IAC) with costs, giving rise to G.R. Nos. 73241-42. The IAC held the 1966 instrument to be an inter vivos donation despite its title.
In G.R. Nos. L-45262 and L-45394 petitioners challenged the Pampanga CFI’s August 1, 1976 exclusion order (claiming lack of jurisdiction), and in G.R. Nos. 73241-42 petitioners sought relief from the IAC’s ruling that the 1966 “Donation Mort...(Subscriber-Only)
Issues:
- Did the probate court (CFI, Pampanga) have jurisdiction to issue the August 1, 1976 order excluding the properties claimed as donated to Ursula from the estate inventory?
- Was the 1966 instrument titled "Donation Mortis Causa" a valid mortis causa disposition, or was it in substance a donation inter vivos that transferr...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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