Case Summary (G.R. No. 191031)
Factual Background
Bishop Sofronio Hacbang died on April 3, 1937, leaving a will that bequeathed one-half of his estate to his parents (Basilio and Maria Hacbang) and the other half—including the subject lot—to his sister, Dolores Hacbang Alo. His will was admitted to probate by the Court of First Instance of Manila on May 21, 1937. No final distribution was ever rendered; the probate proceedings were archived in 1957.
Procedural History
In 1971, TCT No. 169342 for the subject lot was issued in the name of respondent Basilio H. Alo. A 1975 motion by Dolores to revive estate settlement was denied. On February 1, 1999, petitioners filed for cancellation of TCT No. 169342, alleging fraud. The RTC dismissed for lack of real party in interest; the CA affirmed on October 13, 2009, holding that the will’s probate precluded intestacy and that petitioners, as collateral relatives, lacked standing. The CA denied reconsideration on January 21, 2010.
Issues Presented
- Whether the Court of Appeals erred in refusing to inquire into the validity of TCT No. 169342.
- Whether the probate proceedings were dismissed rather than archived.
- Whether petitioners qualify as real parties in interest under the will.
Applicable Law
Because Bishop Sofronio died in 1937, succession is governed by the 1889 Spanish Civil Code and the 1901 Code of Civil Procedure. Article 657 of the Spanish Code (adopted as Art. 777 of the 1949 Civil Code) vests succession rights at the moment of death. Testators with compulsory heirs may dispose of the free portion of their estate without impairing legitimes (Spanish Code, Art. 763; Civil Code, Art. 842).
Succession Vesting and Testate Preference
Successional rights vested immediately upon the decedent’s death. Testate succession is preferred; probate of the will is conclusive as to its extrinsic validity. Archiving of estate settlement without invalidating will provisions does not trigger intestacy.
Intrinsic Validity of the Will
Bishop Sofronio’s only compulsory heirs were his parents, entitled to one-half of the estate. His disposition of the free one-half to his sister, Dolores, complied with Spanish Code limitations. There is no basis to presume intrinsic invalidity in the absence of any judicial finding to that effect.
Vested Title of Devisee
Because the will specified the subject lot as part of Dolores’s devise, ownership vested in her upon death—without need for court adjudication or partition.
...continue readingCase Syllabus (G.R. No. 191031)
Facts and Family Background
- On April 3, 1937, Bishop Sofronio Hacbang died, owning several parcels of land including Lot 8-A, Block 17, Plan Psd-6227, covered by TCT No. (19896) 227644, located on España Street, San Juan, Rizal.
- Survivors: his parents Basilio and Maria Hacbang; siblings Perfecto, Joaquin, Lucia Teresita, and Dolores Hacbang Alo.
- Petitioners Dolores L. Hacbang and Bernardo J. Hacbang are grandchildren of Perfecto and Joaquin, respectively. Respondent Basilio H. Alo is son of Dolores.
Testamentary Dispositions
- Bishop Sofronio executed an “Ultima Voluntad y Testamento” with these key provisions:
- Fourth Clause: Heirs–parents Basilio and Maria Hacbang to receive one-half of his entire estate, including specified shares in Samar Navigation Co., Inc., and various lands in Leyte and Samar.
- Fifth Clause: Sister Dolores Hacbang Alo to receive the remaining half, including specific shareholdings and six lots in New Manila, plus Lot 8-A on España Street.
Probate Proceedings and Land Registration
- April 16, 1937: Petition to probate will filed as SP. PROC. No. 51199 before the CFI of Manila.
- May 21, 1937: CFI admitted the will to probate.
- November 2, 1957: CFI ordered the estate proceedings archived without adjudication of individual properties.
- September 24, 1971: Register of Deeds of Quezon City issued TCT No. 169342 in favor of respondent Basilio H. Alo, cancelling prior TCT entries.
- March 17, 1975: Dolores Hacbang Alo moved to revive estate settlement; denied on May 23, 1975 for finality of archival order.
Petition to Cancel TCT No. 169342
- February 1, 1999: Petitioners filed a petition before RTC (Q-99-36660) to cancel TCT No. 169342, alleging fraudulent registration.
- Submitted LRA Investigator’s March 5, 1997 report concluding TCT