Title
Solivio vs. Court of Appeals
Case
G.R. No. 83484
Decision Date
Feb 12, 1990
Dispute over Esteban Javellana Jr.'s estate between maternal and paternal aunts; probate court ruled exclusive jurisdiction, no extrinsic fraud, reserva troncal inapplicable, and foundation agreement binding.

Case Digest (G.R. No. 83484)
Expanded Legal Reasoning Model

Facts:

  • Parties and Deceased
    • The late Esteban S. Javellana, Jr. died on February 26, 1977, a bachelor without descendants, ascendants, siblings, nephews or nieces.
    • His only surviving relatives were:
      • Celedonia Solivio (petitioner) – maternal aunt, half-sister of his mother.
      • Concordia Javellana-Villanueva (respondent) – paternal aunt, sister of his deceased father.
  • Estate and Decedent’s Intent
    • Estate comprised various parcels of land and a house and lot in La Paz, Iloilo City, inherited by Esteban from his mother, Salustia Solivio.
    • During his lifetime, Esteban expressed a desire to place his estate in a foundation to honor his mother and fund scholarships for indigent but deserving students.
  • Proceedings in the Court Below
    • March 8, 1977 – Celedonia filed Special Proceeding No. 2540 for appointment as special administratrix, sole heir declaration, and eventual foundation formation.
    • April 3, 1978 – The trial court (CFI Branch II, now RTC Branch 23) declared Celedonia sole heir and instructed her to expedite settlement.
    • July 17, 1981 – The “Salustia Solivio Vda. de Javellana Foundation” was registered; Celedonia sold estate properties to pay obligations and fund the foundation.
    • October 27, 1978 – Concordia’s motion to intervene in Special Proceeding No. 2540 was denied for tardiness.
    • January 7, 1980 – Concordia filed Civil Case No. 13207 (partition, reconveyance of ownership and possession, and damages) in RTC Branch 26.
    • September 3, 1984 – RTC Branch 26 rendered judgment in favor of Concordia ordering partition.
    • January 26, 1988 – Court of Appeals (CA-GR CV No. 09010) affirmed the trial court decision in toto.
    • Celedonia filed this petition for review on the following issues.

Issues:

  • Jurisdiction
    • Whether RTC Branch 26 had jurisdiction to entertain Concordia’s partition suit while probate proceedings (Spl. Proc. No. 2540) were pending in Branch 23.
  • Extrinsic Fraud
    • Whether Concordia was prevented by extrinsic fraud from intervening in Spl. Proc. No. 2540.
  • Reserva Troncal
    • Whether the estate was subject to reserva troncal in favor of Celedonia as a relative within the third degree on the maternal side.
  • Foundation Agreement
    • Whether Concordia could recover her share of the estate after agreeing to place it in the “Salustia Solivio Vda. de Javellana Foundation.”

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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