Case Summary (G.R. No. 183871)
Facts of the Case
• Eulalio died intestate on July 3, 1964; Victoria died intestate on June 30, 1983. They left an untitled 2,869 sqm land in Legazpi City recorded as Tax Declaration ARP No. 0141.
• In December 2001 and February 2002, Avelina signed an Affidavit of Self-Adjudication and a Deed of Absolute Sale in favor of respondents to “facilitate titling.” She purportedly believed she was the sole heir.
• Respondents advanced P50,000 to Avelina and paid delinquent taxes, agreeing that all heirs would share in the property and reimburse costs upon sale.
• In October 2004, Avelina and Salvador filed a complaint to annul both documents, restore TD 0141, and protect other heirs’ rights.
Procedural History
• RTC (Jan. 20, 2009) – Annulled the Affidavit and Deed: Avelina was not sole heir; the sale lacked intent as a true transfer. Ordered cancellation of the new tax declaration and reinstatement of ARP 0141; directed Avelina to refund P50,000.
• CA (Mar. 30, 2012/Sept. 25, 2012) – Reversed the RTC: held that heirship issues require special administration proceedings; the notarized Deed enjoys presumption of regularity and cannot be annulled in an ordinary action.
• SC (June 4, 2014) – Granted petition; reversed the CA; reinstated the RTC decision.
Issues
- Whether heirship may be determined in an ordinary civil action or only in special probate/intestate proceedings.
- Whether Avelina’s Affidavit of Self-Adjudication is valid if she is not the sole heir.
- Whether the Deed of Absolute Sale is void despite being notarized and under the parol-evidence rule.
Applicable Law and Legal Principles (1987 Constitution as Basis)
• Rule 74, Sec. 1, Rules of Court – Extrajudicial settlement by affidavit is available only if there is one heir.
• Rule 130, Sec. 9, Rules of Court – Exceptions to the parol-evidence rule allow proof of true intent, validity, or existence of other terms when the agreement’s validity or true intent is in issue.
• Civil Code, Arts. 1345–1346 – Distinguish between absolute simulation (void) and relative simulation of contracts.
• Jurisprudential exception – When parties have stipulated heirship facts and presented evidence, special proceedings may be dispensed with (Portugal v. Portugal-Beltran, Pereira v. Court of Appeals).
Supreme Court Ruling
- Heirship Determination
– Respondents admitted in pre-trial stipulations that Avelina was not sole heir and that Salvador was co-heir. Under the jurisprudential exception, no separate administration proceeding was necessary. - Affidavit of Self-Adjudication
– Section 1, Rule 74 requires a sole heir. Avelina, not being sole heir, falsely declared herself as such. The affida
Case Syllabus (G.R. No. 183871)
Antecedent Facts
- On October 26, 2004, petitioners Avelina Abarientos Rebusquillo and Salvador A. Orosco filed a complaint for annulment and revocation of:
- An Affidavit of Self-Adjudication dated December 4, 2001
- A Deed of Absolute Sale dated February 6, 2002
- Subject property: an untitled parcel of land in Legazpi City, 2,869 square meters, covered by Tax Declaration ARP No. 0141
- Decedent: Eulalio Abarientos, intestate at death (July 3, 1964), survived by wife Victoria Villareal and seven children (six legitimate, one illegitimate)
- In 2001, respondents Emelinda R. Gualvez and Domingo Gualvez induced Avelina to sign documents purportedly to facilitate Torrens titling
- Petitioners only discovered in 2003 that the documents were in fact a self-adjudication and a sale conveying Avelina’s supposed entire share to respondents
RTC Proceedings and Decision
- Respondents admitted in their answer that the instruments were executed to facilitate titling, with reimbursement by other heirs, and that Avelina received ₱50,000 and payment of delinquent taxes
- Trial court findings:
- Avelina was not sole heir of Eulalio, rendering the Affidavit of Self-Adjudication invalid
- The Deed of Absolute Sale was executed only to facilitate titling and lacked actual intent to sell
- Dispositive portion:
- Annulled the Affidavit of Self-Adjudication and the Deed of Absolute Sale
- Ordered cancellation of Tax Declaration in respondents’ names and reinstatement under ARP No. 0141 in the name of Eulalio Abarientos
- Directed Avelina to refund ₱50,000