Case Digest (G.R. No. 218434)
Facts:
In G.R. No. L-45425 and G.R. No. L-45965, two consolidated petitions arose from orders issued by Judge Ernesto Tengco of the Court of First Instance of Negros Occidental, Branch IV. On November 20, 1962, Maria Lizares y Alunan executed a will granting a one-third interest in Hacienda Minuluan and a one-sixth interest in Hacienda Matab-ang to her niece Eustaquia Lizares, with fallback provisions favoring her siblings should Eustaquia die unmarried or without descendants. After Maria’s death on January 28, 1968, the will was probated and Eustaquia appointed executrix. A project of partition was approved on January 8, 1971, adjudicating the contested parcels exclusively to Eustaquia, and the co-heirs executed a subdivision agreement on November 28, 1972. When Eustaquia died single and intestate on November 23, 1973, Rodolfo and Amelo Lizares were appointed joint administrators of her estate. In February 1974, Celsa Vda. de Kilayko, Encarnacion Vda. de Panlilio and Remedios Vda. deCase Digest (G.R. No. 218434)
Facts:
- Testate succession of Maria Lizares y Alunan
- On November 20, 1962, Maria Lizares executed her last will:
- DECIMA – Bequeathed 1/3 of 1/14 undivided share in Hacienda Minuluan to niece Eustaquia Lizares, with a substitution in favor of her brother Antonio A. Lizares if Eustaquia died single or without descendants.
- UNDECIMA – Devised the rest of her properties (interests in Haciendas Minuluan and Matab-ang, corporate shares, etc.) to Eustaquia, on condition that Eustaquia pay debts and fund annual religious services; provided that if Eustaquia died without legitimate issue, certain interests in Matab-ang would pass to Maria’s surviving siblings.
- Maria died on January 28, 1968; Eustaquia filed for probate (SP No. 8452), was appointed executrix, and on January 8, 1971, the court approved a project of partition adjudicating properties—including disputed hacienda interests—to the devisees. The probate proceedings were closed, then reopened to include omitted assets, and an agreement of partition and subdivision over certain lots was executed on November 28, 1972.
- Subsequent events and lower-court litigation
- Eustaquia died single on November 23, 1973; Rodolfo and Amelo Lizares were appointed joint administrators of her intestate estate.
- Maria’s sisters (Celsa Vda. de Kilayko, Encarnacion Vda. de Panlilio, Remedios Vda. de Guinto) moved to reopen SP No. 8452 to enforce substitution clauses; the probate court denied the motion on April 6, 1974 (reconsideration denied June 17, 1974).
- On October 14, 1974, the sisters filed Civil Case No. 11639 for reconveyance of the hacienda shares, and recorded a lis pendens. The joint administrators moved to dismiss and to cancel the lis pendens.
- On September 20, 1976, the court granted cancellation of lis pendens and held the motion to dismiss in abeyance; on January 7, 1977, it denied reconsideration of the cancellation; on January 31, 1977, it likewise held in abeyance the resolution of affirmative defenses.
- Two petitions were filed with the Supreme Court:
- G.R. No. L-45425 by the sisters for review on certiorari of the lis pendens cancellation.
- G.R. No. L-45965 by the administrators for certiorari, prohibition, and/or mandamus to annul Civil Case No. 11639 proceedings. A temporary restraining order was issued April 26, 1977; both cases were consolidated January 20, 1986.
Issues:
- Jurisdiction and res judicata
- Did the trial court lack jurisdiction over Civil Case No. 11639 because SP No. 8452’s final decree is res judicata?
- Are the sisters barred from litigating their claims by virtue of the final partition decree?
- Cancellation of lis pendens
- Did the court exceed its authority or abuse discretion in cancelling the notice of lis pendens under Sec. 24, Rule 14 of the Rules of Court?
- Nature of substitution
- Do paragraphs 10 and 11 of Maria’s will create a valid fideicommissary or simple substitution in favor of the sisters?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)