Case Summary (G.R. No. 83484)
Petition for Administration and Declaration of Sole Heir
Celedonia, designated special administratrix, filed Special Proceeding No. 2540 on March 8, 1977, later amending to seek letters of administration and declaration as sole heir. Citing her status as the nearest maternal relative and to facilitate the proposed foundation, she secured a published notice and hearing. On April 3, 1978, the court declared her sole heir and instructed her to complete estate settlement.
Partition Suit and Lower Courts’ Decisions
After her motion for reconsideration was denied for tardiness, Concordia did not appeal but on January 7, 1980 instituted Civil Case No. 13207 in RTC Branch 26 for partition, reconveyance of ownership, possession, and damages. The RTC on September 3, 1984 ruled in her favor, ordering inventory, accounting, and execution of judgment despite pending probate. The Court of Appeals affirmed on January 26, 1988.
Jurisdictional Exclusivity of Probate Proceedings
The Supreme Court held that while probate in rem remains pending—and no order of distribution has closed the estate—the probate court (RTC, Branch 23) retains exclusive jurisdiction over heirship and distribution. Concordia’s independent action in a co-equal court violated this principle and risked conflicting adjudications. Her remedy lay in certiorari review of the probate court’s denial, not a separate partition suit.
Extrinsic Fraud Allegation
Concordia’s claim that Celedonia employed extrinsic fraud to secure sole heirship was rejected. She had actual and constructive notice of the special proceedings by personal knowledge and by publication in two local papers. No fraudulent scheme deprived her of a day in court. Her election to stay away, and her admitted agreement with Celedonia to pursue the foundation plan, disqualified any charge of extrinsic fraud.
Inapplicability of Reserva Troncal
Article 891’s reserva troncal attaches only when an ascendant inherits gratuitously from a descendant who had acquired from another ascendant or sibling. Here, Esteban, Jr. was the descendant, and his inheritance from his mother did not trigger the reservation in favor of Celedonia. Instead, collateral succession under Articles 1003 and 1009 grants each aunt, as relative within the third degree, an equal one-half share.
Foundation Agreement and Its Legal Effect
Both a judicial and factual admission by Concordia confirm that she and Celedonia agreed to transfer the entire estate to the Salustia Solivio Vda. de Javellana Foundation to fulfill Esteban’s last wishes. Judicial admissions are conclusive, an
...continue readingCase Syllabus (G.R. No. 83484)
Procedural History
- Petition for review filed in the Supreme Court of the January 26, 1988 Decision of the Court of Appeals (CA-G.R. CV No. 09010), which affirmed the trial court’s judgment in Civil Case No. 13207.
- RTC Branch 26, Iloilo: rendered judgment in favor of Concordia Javellana-Villanueva ordering partition of the estate, reconveyance of possession, P5,000 litigation expenses, P10,000 attorney’s fees, plus costs.
- Court of Appeals affirmed in toto; petitioner Celedonia Solivio moved for review before the Supreme Court.
Statement of Facts
- Esteban Javellana, Jr., noted novelist, died intestate February 26, 1977; no spouse, descendants, or direct ascendants; survived by maternal aunt Celedonia Solivio and paternal aunt Concordia Javellana-Villanueva.
- His mother, Salustia Solivio, bequeathed various lands and a house and lot; upon her death (October 11, 1959), title transferred to Esteban Jr.
- During life, Esteban Jr. expressed wish to form a foundation in his mother’s honor for scholarships; died before doing so.
- Two weeks after funeral, Celedonia and Concordia agreed to honor this plan; Celedonia to initiate proceedings and settle estate obligations.
- March 8, 1977: Celedonia filed Special Proceeding No. 2540 for administration; amended petition sought declaration as sole heir; April 3, 1978: CFI (now RTC Branch 23) declared her sole heir.
- Celedonia paid taxes and obligations, and established the Salustia Solivio Vda. de Javellana Foundation (SEC Reg. No. 0100027, July 17, 1981).
- August 7, 1978: Concordia’s motion for reconsideration of sole‐heir decree denied October 27, 1978 for lateness.
- January 7, 1980: Concordia filed Civil Case No. 13207 in RTC Branch 26, seeking partition and recovery of her share.
- September 3, 1984: RTC Branch 26 favored Concordia; CA affirmed.
Legal Issues
- Jurisdiction: Whether RTC Branch 26 cou