Case Summary (G.R. No. 199885)
RTC’s Initial Rulings and Dismissal
The trial court denied Dujali’s motion to dismiss, treating capacity to sue as an evidentiary matter. Upon reconsideration, it reversed itself, finding (1) an amended extrajudicial settlement barred administration proceedings under Rule 74 Sec. 1, and (2) Buot’s motion for reconsideration was a prohibited second motion. The petition was dismissed in the Orders of September 19 and December 8, 2011.
Issues on Certiorari Review
Buot sought Supreme Court review under Rule 45, presenting two pure questions of law:
- Whether her motion for reconsideration was wrongly deemed a prohibited second motion.
- Whether dismissal was proper given a partial extrajudicial settlement and alleged “good and compelling reasons” for administration.
Procedural Analysis: Motion for Reconsideration
Section 2, Rule 52 prohibits a second motion for reconsideration by the same party. The Court held that Buot’s motion was her first challenge to the Order dismissing her petition. Dujali’s earlier motion had prompted the dismissal. The RTC erred in treating Buot’s motion as a prohibited second motion.
Substantive Analysis: Extrajudicial Settlement Exception
Under Rule 74 Sec. 1, heirs may settle an intestate estate extrajudicially if there is no will or debts; administration is the exception. Jurisprudence (Rodriguez; Pereira) recognizes a “good reason” exception that allows administration when heirs have compelling reasons not to partition or validate an extrajudicial settlement.
Application of “Good Reason” Exception
The Court examined Buot’s proffered reasons: incomplete coverage of estate by the settlement; absence of partition effort; challenges to heirship; deprivation of other heirs; and consent of some heirs to administration. It found none sufficient to overri
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Case Background
- Petitioner: Jesusa Dujali Buot, claims to be one of the surviving heirs of the late Gregorio Dujali, who died intestate.
- Respondent: Roque Rasay Dujali, another alleged heir, accused of excluding co-heirs from the estate.
- Estate: Consists of various real properties publicly known, allegedly under Dujali’s sole management since decedent’s death.
- Core dispute: Buot seeks letters of administration to preserve, inventory, identify heirs, and distribute the net estate; Dujali contends she lacks capacity and challenges her filiation.
Petition for Letters of Administration
- Buot’s allegations:
• She and several siblings are legal heirs of Gregorio Dujali.
• No prior effort has been made to settle or administer the estate.
• Dujali excluded other heirs from managing the estate and denied Buot’s request to participate. - Relief sought:
• Appointment of an administrator.
• Preparation of a final inventory.
• Judicial determination of all heirs.
• Distribution of the net estate according to law.
Opposition and Motion to Dismiss
- Dujali’s arguments:
• Buot failed to prove filiation—no birth certificate or marriage record linking her to Gregorio’s first wife.
• Submitted marriage certificate of Gregorio and Yolanda Rasay, showing no prior marriage to Sitjar Escalona.
• Contends Buot lacks legal capacity to prosecute the petition. - Prayer: Dismissal of Buot’s petition outright.
Buot’s Comment and Supporting Evidence
- Pleading principle: Only ultimate facts belong in initiatory pleadings; evidentiary details reserved for trial.
- Attached to her comment:
• Necrological service program listing Buot as heir.
• Certification by the municipal mayor affirming Buot as Gregorio’s child.
• Amended Extrajudicial Settlement (July 4, 2001) naming Buot and Dujali as heirs over certain parcels not included in the initial inventory.
RTC’s May 3, 2011 Order and Motion for Reconsideration
- RTC ruling: Denied Dujali’s motion to dismiss; held filiation and legitimacy issues are evidentiary and for trial resolution.
- Dujali’s motion for reconsideration:
• Argued lack of capacity must be raised by motion to dismiss.
• Contended extrajudicial settlement precludes administration, absent creditors. - RTC’s September 19, 2011 Order: Granted Dujali’s reconsideration; d