Agtarap v. Agtarap

G.R. Nos. 177099 and 177192 | June 8, 2011

Facts

Eduardo, petitioner herein, filed with RTC Pasay for the judicial settlement of the estate of his deceased father (Joaquin) who died intestate. Joaquin had two marriages in his lifetime. He married Lucia, with children Jesus, Milagros, and Jose who is survived by his three children Gloria, Joseph, and Teresa. Two years after Lucia’s death, Joaquin married the mother of petitioners Eduardo and Sebastian and Mercedes, Caridad.

Joaquin left two parcels of land with improvements. The said had been leased and improved by Joseph, respondent.

The respondent also alleged that the two subject lots belong to the conjugal partnership of Joaquin and Lucia, and upon Lucia’s death, they became the pro indiviso owners.

The RTC ordered that considering the bulk of the estate property was acquired during the existence of the second marriage as shown by the TCTs which showed on its face that the decedent was married to Caridad Garcia, the greater part of the estate is perforce accounted for by the second marriage and the compulsory heirs thereunder.

However, its subsequent resolution declared that the real properties belonged to the conjugal partnership of Joaquin and Lucia, which the CA affirmed.

Issue

Does the probate court have the power to determine the ownership of the property in question?

Ruling

Yes. As a general rule, the trial court, as a probate or an intestate court, has jurisdiction only to the probate of the will and/or settlement of the estate of deceased persons but does not extend to the determination of questions of ownership that arise during the proceedings.

But is subject to exceptions, first, when the question of inclusion in, or exclusion from, the inventory of a piece of property is without prejudice to the final determination of ownership in a separate action, second, when the interested parties are all heirs, and lastly, determination of the status of each heir, and whether the property in the said inventory is conjugal or exclusive property of the deceased spouse.

Section 2, Rule 73 of the Rules of Court provides that when the marriage is dissolved by the death of the husband or the wife, the community property shall be inventoried, administered, and liquidated, and the debts thereof paid; in the testate or intestate proceedings of the deceased spouse, and if both spouses have died, the conjugal partnership shall be liquidated in the testate or intestate proceedings of either.