Case Summary (G.R. No. L-5549)
Factual Background
Bibiano Barretto died testate on February 18, 1936. In the probate and settlement of his estate the court declared Salud Barretto and Lucia Milagros Barretto to be his children and heirs. At the time Lucia Milagros Barretto was a minor of fifteen years and guardianship proceedings (Case No. 49881) were instituted for her. A project of partition of the estate was submitted and signed by Salud Barretto, the minor Lucia Milagros Barretto, and by Maria Gerardo, who signed “on her own behalf and as guardian for the minor, Milagros Barretto.” The court approved the project of partition, which was filed in the office of the register of deeds of Bulacan on May 22, 1940; however, Transfer Certificate of Title No. 14123 was never cancelled at that time.
Subsequent Events and Petition
Maria Gerardo died on March 5, 1948. In the probate of her estate Lucia Milagros Barretto submitted a will purportedly of the deceased Maria Gerardo, which asserted that Lucia Milagros Barretto was the only child of the marriage with Bibiano Barretto; that will was admitted as the last will and testament of Maria Gerardo. On March 19, 1951 the petitioners filed in Case No. 116, G. L. R. O. Record No. 12908 a petition to cancel Transfer Certificate of Title No. 14123 issued in the name of Bibiano Barretto and to have a new title issued in the names of the three minors (as co-owners of an undivided one-half share) and Lucia Milagros Barretto as owner of the other half.
Proceedings Below and Orders Appealed
Lucia Milagros Barretto filed an opposition to the petition. The Court of First Instance of Bulacan overruled her opposition and issued orders requiring the oppositor to surrender Transfer Certificate of Title No. 14123 so that it might be cancelled and a new certificate issued in the names fixed by the approved partition. The oppositor prosecuted the appeal to this Court against those orders.
The Parties' Contentions
The oppositor argued two principal grounds in opposition and on appeal: (a) the project of partition approved by the court in the testate proceedings was null and void because Lucia Milagros Barretto was a minor when she signed it and Maria Gerardo was not authorized to sign on her behalf as guardian; and (b) the will admitted in the probate of Maria Gerardo established that Salud Barretto was not a child of Bibiano and Maria and therefore the partition and the resulting title distribution were improper. The petitioners maintained the validity of the approved project of partition and relied upon the partition record filed in the register of deeds.
Issue Presented
The dispositive issue before the Court was whether the order approving the project of partition in the testate proceedings was so tainted with nullity that it could be collaterally attacked in the present registration proceeding to defeat the petition for cancellation and reissuance of Transfer Certificate of Title No. 14123.
Court's Ruling
The Court affirmed the orders of the Court of First Instance of Bulacan and dismissed the oppositor-appellant’s collateral attack, with costs against the oppositor-appellant. The opinion was delivered by Justice Labrador, with concurrence by Paras, C. J., Pablo, Bengzon, Padilla, Montemayor, Reyes, Jugo, and Bautista Angelo, JJ.
Legal Basis and Reasoning
The Court examined the nature of collateral attack and reiterated the rule under Section 44, Rule 39 of the Rules of Court that the validity of a final and executory judgment or order may be attacked only by a direct action to annul it or, in limited circumstances, by collateral attack where the court had no jurisdiction to enter the order or pronounce the judgment. The Court adopted the established doctrine that collateral impeachment is confined to judgments that are absolutely void for lack of jurisdiction; mere errors, defects, or non-jurisdictional irregularities do not suffice. The Court quoted Freeman on Judgments to emphasize that the assailant must show from the record itself that the judgment is utterly void. Applying this standard, the Court held that the record of the testate proceedings did not show that Maria Gerardo lacked authority to sign the project of partition as guardian of the minor. The Court interpreted the statement in the project that guardianship proceedings were pending as indicating that the guardianship had not been terminated rather than that no guardian had been appointed, and invoked Rule 97, Sections 3 and 5, Rules of Court to the effect that the guardian’s authority, once shown on the record, cannot be col
...continue readingCase Syllabus (G.R. No. L-5549)
Parties and Procedural Posture
- The petitioners and appellants were Tirso T. Reyes, as guardian of the minors Azucena, Flor-de-lis and Tirso, Jr., all surnamed Reyes y Barretto.
- The oppositor and appellant was Milagros Barretto-Datu.
- The appeal was taken from two orders of the Court of First Instance of Bulacan in Case No. 116, G. L. R. O. Record No. 12908, requiring the oppositor to surrender Transfer Certificate of Title No. 14123 for cancellation and reissuance reflecting co-ownership under an approved partition.
- The lower court overruled the oppositor's objections and issued the orders now appealed.
Key Factual Allegations
- Bibiano Barretto died on February 18, 1936, and the testate proceedings for the settlement of his estate declared Salud Barretto and Lucia Milagros Barretto as his children and heirs.
- Lucia Milagros Barretto was a minor of fifteen years and guardianship proceedings for her appointment of guardian were instituted in the same court.
- A project of partition was submitted and signed by Salud Barretto, Lucia Milagros Barretto (as minor), and Maria Gerardo (surviving spouse), the latter signing "on her own behalf and as guardian for the minor, Milagros Barretto."
- The project of partition was approved by the court and filed in the office of the register of deeds of Bulacan on May 22, 1940, but Transfer Certificate of Title No. 14123 was not canceled thereafter.
- Maria Gerardo died on March 5, 1948, and in proceedings for her estate Lucia Milagros Barretto submitted a will purporting to be that of Maria Gerardo declaring that Lucia Milagros Barretto was the only child of the spouses.
- Tirso T. Reyes filed the petition for cancellation of the transfer certificate on March 19, 1951 in the registration case, and Lucia Milagros Barretto filed an opposition asserting the partition was null and void for reasons stated in the opposition.
Issues Presented
- Whether the order approving the project of partition and the consequent rights to registration were absolutely null and void so as to be susceptible of a collateral attack in the registration proceedings.
- Whether the alleged lack of judicial appointment of Maria Gerardo as guardian of the minor Lucia Milagros Barretto appeared of record so as to render the partition void.
- Whether extraneous proof, namely a will introduced in a d