Case Summary (G.R. No. L-45494)

Case Overview

The case involves a petition for certiorari filed by Benito Bolisay and Generosa Buted Bolisay against Hon. Leonardo S. Alcid and Angela Buted Pascual. The petition seeks to annul a court order allowing the administratrix of an intestate estate to collect rentals from a property titled in the petitioners' name.

Background

• Parties Involved:
  • Petitioners: Benito Bolisay and Generosa Buted Bolisay
  • Respondents: Hon. Leonardo S. Alcid (Judge), Angela Buted Pascual (Administratrix)
• Property:
  • A lot in Barrio San Jacinto, Laoag City, covered by Transfer Certificate of Title No. T-12782, with a history of ownership since June 5, 1961.
• Intestate Estate:
  • The estate of Luciana Abadilla, mother of the private respondent Angela Buted Pascual and the petitioners, is being settled.

Legal Principles

Jurisdiction of Probate Court

• Principle: A probate court lacks the jurisdiction to make final determinations on property ownership included in an estate inventory.
• Key Definitions:
  • Probate Court: A court that deals with the administration of estates of deceased individuals.
• Important Requirements:
  • Ownership issues must be resolved in a separate action, not within the probate proceedings.
• Cross-reference: Established in prior rulings (e.g., Garcia vs. Garcia, Santos vs. Antonio).

Court's Findings

• Initial Ruling: The court approved the inventory including the property in question without opposition.
• Subsequent Actions: Angela Buted Pascual filed a motion to collect rentals, which the court granted without notifying the petitioners.
• Petitioners' Response: Filed motions for reconsideration and to exclude the property from the inventory, both denied.

Court's Rationale

• The probate court determined that while it can supervise the inventory, it cannot resolve ownership disputes definitively.
• The inclusion of the property in the inventory does not negate the petitioners' rights based on their Torrens title.

Court's Decision

• Outcome: The Supreme Court set aside the lower court's orders allowing the administratrix to collect rentals and denying the exclusion of the property from the inventory.
• Key Takeaways:
  • The property, titled under the Torrens system in the petitioners' names, should not be considered part of the estate until ownership is resolved in a proper action.
  • The administratrix may pursue rental claims in the annulment case but cannot collect without clear ownership determination.

Key Takeaways

• The ruling emphasizes the distinction between probate court authority and ownership disputes, asserting that a Torrens title provides presumptive ownership until effectively challenged.
• The case underscores procedural requirements for resol

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Case Syllabus (G.R. No. L-45494)

Case Overview

• Jurisdiction: Supreme Court of the Philippines
• Decision Date: August 31, 1978
• Case Number: G.R. No. L-45494
• Parties: Petitioners: Benito Bolisay and Generosa Buted Bolisay; Respondents: Hon. Leonardo S. Alcid (Judge) and Angela Buted Pascual (Administratrix)
• Nature of the Petition: Petition for certiorari to annul an order by the respondent judge regarding the collection of rentals from a property titled in the names of the petitioners.

Background of the Case

• The case revolves around a property located in Barrio of San Jacinto, Laoag City, with an area of 538 square meters, which is covered by Transfer Certificate of Title No. T-12782 issued to the petitioners on August 20, 1976.
• The petitioners had held a previous title (TCT No. (T-7271)-3377) since June 5, 1961, for the same lot, which was originally owned by their deceased mother, Luciana Abadilla.
• The administratrix, Angela Buted Pascual, is the sister of the petitioners and is involved in the settlement of their mother’s intestate estate.

Chronology of Events

• 1961: Petitioners acquire their title to the property.
• 1962: The petitioners secured a loan from the Government Service Insurance System (GSIS) against the property and constructed a 7-door apartment.
• 1975: Angela Buted Pascual and another sister file an action to annul the Deed of Sale executed by their mother, claiming lack of consideration and ownership of the property.
• 1973: An inventory of the intestate estate including th

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