Case Summary (G.R. No. 155555)
Extrajudicial Partition and Title Issuance
In 1968, Portugal and his siblings executed an extrajudicial partition of their father’s estate, awarding to Portugal a 155 sq. m. lot in Caloocan. In 1970, TCT No. 34292 was issued in Portugal’s name, described as married to Paz Lazo.
Deaths and Affidavit of Adjudication
Paz Lazo died in 1984 and Portugal died intestate in 1985. In 1988, respondent Leonila executed an Affidavit of Adjudication as sole heir under Rule 74, Sec. 1, leading to cancellation of TCT No. 34292 and issuance of TCT No. 159813 in her name.
Complaint for Annulment of Title
Upon learning of respondent’s title, petitioners filed in 1996 a complaint for annulment of the Affidavit of Adjudication and respondent’s TCT, alleging respondent was not an heir of Portugal and had made false representations. They sought cancellation of her title, reissuance in their name, damages, and attorney’s fees.
Pre-Trial Issues
The RTC identified the following issues at pre-trial:
- Validity of Portugal’s two marriages
- Which party is the lawful heir
- Validity and contestability of TCT No. 159813
- Entitlement of petitioners to their claims
RTC Decision: Dismissal for Lack of Cause and Jurisdiction
By Decision dated January 18, 2001, the RTC dismissed the complaint for failure to state a cause of action and lack of jurisdiction. It held that petitioners’ heirship status must first be established in a special (probate) proceeding, citing Heirs of Yaptinchay v. Del Rosario.
CA Decision: Affirmation and Jurisprudential Basis
The Court of Appeals, on September 24, 2002, affirmed the dismissal. It distinguished CariAo v. CariAo as inapplicable because the main issue here was annulment of title, and it deemed requisite a special proceeding to establish heirship and legitimacy before an ordinary civil action could proceed.
Petition for Review: Grounds and Prayers
Petitioners brought a petition for review on certiorari, arguing that CariAo permits courts to determine heirship and legitimacy in any case where essential to the outcome, and that they had sufficiently established their status as compulsory heirs. They prayed for reversal of the CA decision or, alternatively, remand to determine validity of marriages and heirship preparatory to title annulment.
Petitioners’ Arguments
They contended that the CA and RTC misapplied Heirs of Yaptinchay, fostering multiplicity of suits, and that CariAo allows the trial court to decide heirship and legitimacy within the ordinary action when necessary. They asserted that they had already presented ample evidence of their heirship.
Legal Issue: Need for Special Proceeding
The central legal question was whether petitioners must first institute a special probate proceeding to establish heirship before an ordinary action for annulment of title could be maintained.
Jurisprudence on Special Proceedings vs Ordinary Actions
Supreme Court precedents hold that where heirship or legitimacy must be established as a preliminary issue, it is generally raised in special probate proceedings (Litam, Solivio, Guilas). However, if such proceedings are unnecessary or unduly burdensome and the parties have already adduced evidence on heirship, an ordinary civil action may suffice.
Analysis of Applicable Rule on Extrajudicial Adjudication
Rule 74, Sec. 1 permits a sole heir to adjudicate the entire estate by affidavi
...continue readingCase Syllabus (G.R. No. 155555)
Facts of the Case
- Jose Q. Portugal married Paz Lazo on November 25, 1942, and later married Isabel de la Puerta on May 22, 1948.
- Isabel gave birth to Jose Douglas Portugal Jr. on September 13, 1949; Paz bore Aleli (later Leonila Perpetua Aleli Portugal) on April 11, 1950.
- Upon the death of their father, Mariano Portugal, on November 2, 1964, Jose Q. Portugal and his four siblings executed on May 16, 1968 an extrajudicial Deed of Partition-–the siblings waived rights to a 155 sqm parcel in Caloocan in favor of Jose Q. Portugal.
- On January 2, 1970, Transfer Certificate of Title No. 34292 was issued in the name of “Jose Q. Portugal, married to Paz C. Lazo.”
Deaths and Title Transfer
- Paz died on February 18, 1984; Jose Q. Portugal died intestate on April 21, 1985.
- On February 15, 1988, respondent Leonila Portugal-Beltran executed an “Affidavit of Adjudication by Sole Heir” over the Caloocan land.
- The Registry of Deeds canceled TCT No. 34292/T-172 and issued TCT No. 159813 on March 9, 1988 in Leonila’s name.
Complaint for Annulment of Title
- Petitioners filed on July 23, 1996 a complaint in RTC Caloocan Branch 124 to annul respondent’s affidavit and TCT No. 159813.
- They alleged Leonila was not an heir of Jose Q. Portugal, had no right to inherit, and committed perjury in her affidavit.
- Prayers included voiding the affidavit and title, issuance of a new TCT in petitioners’ names, and award of actual, moral, and exemplary damages plus attorneys’ fees.
Pre-Trial Issues Defined
- Validity of the two marriages contracted by the deceased Jose Q. Portugal Sr.
- Identification of the legal heir(s) between Jose Jr. and Leonila.
- Validity and contestability of TCT No. 159813.
- Entitlement of petitioners to the reliefs sought.
RTC Decision
- By Decision of January 18, 2001, the trial court dismissed the complaint for:
- Failure to state a cause of action because p