Case Summary (G.R. No. 118449)
Petitioner
Lauro G. Vizconde, as sole heir by representation of his deceased daughters, owner of the Parañaque property and automobile acquired by Estrellita.
Respondents
Court of Appeals; Regional Trial Court (RTC), Branch 120, Caloocan City; Ramon G. Nicolas (son of Rafael and Salud).
Key Dates
• May 22, 1979: Sale of Valenzuela property by Rafael to Estrellita.
• March 30, 1990: Sale of Valenzuela property by Estrellita to third parties.
• June 30, 1991: Deaths of Estrellita and daughters.
• November 18, 1992: Death of Rafael.
• November 9, 1993: RTC appoints guardians and special administratrix in Rafael’s estate.
• March 10, 1994: RTC orders inclusion of petitioner and collation of properties.
• December 14, 1994: Court of Appeals denies petitioner’s certiorari.
• February 11, 1998: Supreme Court decision under the 1987 Constitution.
Applicable Law
1987 Philippine Constitution; Civil Code of the Philippines, Articles 887 (compulsory heirs) and 1061–1071 (collation).
Factual Background
Rafael gifted Valenzuela land to Estrellita by sale in 1979 (TCT No. V-554). In 1990 she sold it for ₱3,405,612 and used proceeds to purchase the Parañaque property and acquire a vehicle. After her death, petitioner and Rafael’s family divided Estrellita’s estate, including bank deposits, the Parañaque property, and the car. Rafael died in 1992, prompting intestate proceedings in RTC, Branch 120.
Procedural History
Ramon Nicolas contested guardianship and moved to include petitioner as heir of Rafael and to collate the Parañaque property, vehicle, and remaining sale proceeds. The RTC granted inclusion and collation. Petitioner’s motion for reconsideration was denied. The Court of Appeals affirmed. Petitioner filed a petition for review on certiorari to the Supreme Court.
Issues Presented
- Whether petitioner, as son-in-law by representation, is a compulsory heir of Rafael.
- Whether the probate court may determine the validity and nature of the sale between Rafael and Estrellita.
- Whether the Parañaque property is subject to collation in Rafael’s estate.
- Whether the Valenzuela property proceeds require collation.
Court of Appeals Ruling
The appellate court upheld the RTC’s jurisdiction to include petitioner in the intestate proceeding and to subject both the Parañaque property and the Valenzuela sale proceeds to collation, deeming the 1979 transfer gratuitous for lack of proof of consideration.
Supreme Court Ruling
The Supreme Court reversed, holding that:
- Inclusion Error
• Petitioner is not a compulsory heir of Rafael under Civil Code Article 887. As a son-in-law with no creditor status, he lacks standing to be included or intervene in Rafael’s intestate proceeding. - Jurisdictional Excess
• Probate courts may make only provisional, prima facie determinations of title. Validity of the sale, presence of consideration, and interpretation of the deed fall outside their final jurisdiction and require a separate action. - Premature Collation
• Collation applies only when forced heirs receive gratuitous transf
Case Syllabus (G.R. No. 118449)
Factual Background
- Lauro G. Vizconde (petitioner) and his wife Estrellita Nicolas-Vizconde had two daughters, Carmela and Jennifer.
- Estrellita was one of the five children of Rafael Nicolas and Salud Gonzales-Nicolas; her siblings were Antonio (deceased), Ramon, Teresita, and Ricardo (incompetent).
- On May 22, 1979, Estrellita purchased from her father Rafael a 10,110 sq. m. parcel in Valenzuela, Bulacan (TCT No. T-36734) for ₱135,000; a new title (TCT No. V-554) was issued to her.
- On March 30, 1990, she sold the Valenzuela property to Amelia Lim and Maria Natividad Balictar Chiu for ₱3,405,612.
- In June 1990, using part of the proceeds, she acquired a parcel with improvements in BF Homes, Parañaque from Premiere Homes, Inc.; the remainder was spent on a car purchase and bank deposits.
- On June 30, 1991, Estrellita and her two daughters were tragically murdered (the Vizconde Massacre). Investigations showed Estrellita died first.
Extra-Judicial Settlement of Estrellita’s Estate
- Upon her death, her three heirs (petitioner by right of representation, and Carmela and Jennifer) succeeded to her estate; after the daughters’ subsequent deaths, Lauro became sole heir.
- Petitioner and Rafael and Salud executed an Extra-Judicial Settlement with Waiver of Shares covering bank deposits, the Parañaque property, and the car.
- Total bank deposits, after funeral expenses, amounted to ₱3,000,000; Rafael received 50% (except a token Jennifer’s account), and petitioner received the other 50%.
- The Parañaque property and the car were awarded in full to petitioner; Rafael and Salud expressly waived any claim, ownership, or participation as heirs.
Probate Proceedings Before the RTC
- On November 18, 1992, Rafael died. Teresita filed an intestate estate proceeding (Sp. Proc. No. C-1679) in RTC Branch 120, Caloocan City, listing heirs: Salud (senile), Ramon, Ricardo (incompetent), and Antonio’s widow Zenaida and children.
- Teresita sought appointment as Special Administratrix and guardian ad litem for Salud and Ricardo; Ramon opposed and sought guardianship for the same wards.
- Three weeks later, Ramon filed an opposition alleging Estrellita had received the Valenzuela property as a gratuitous gift from Rafael and sought court interv