Capablanca vs. Bas Case Digest
G.R. No. 224144 ; June 28, 2017
PRINCIPLE/S:
Special Proceedings
a) Declaration of
heirship
Declaration of heirship
must be made only in a special proceeding and not in an ordinary civil action
for reconveyance of property
When Applicable:
Adverse parties are putative heirs to a decedent's estate or parties to the
special proceedings for an estate's settlement (Litam and Solivio case)
Why it is not
applicable in this case: Petitioner does not claim any filiation with Pedro or
seek to establish her right as his heir as against the respondents
- Hence determination
of petitioners' status as heirs could be achieved in the civil case filed by
petitioners
b) No judicial
declaration of heirship is necessary in order that an heir may assert his or
her right to the property of the deceased.
Reason: This is upon
the theory that the property of a deceased person, both real and personal,
becomes the property of the heir by the mere fact of death of his predecessor
in interest.
Remedial Law
a) Rule 9, Section 1 of the Rules of
Court
"[ d]efenses and objections not pleaded either in a
motion to dismiss or in the answer are deemed waived
FACTS: Pedro
acquired a
lot. He sold this to
Faustina. After the death
of Faustina, her
heirs executed a notarized Extra-Judicial Declaration of Heirs and Deed of
Absolute Sale of the subject lot and it was conveyed to Alejandra. Alejandra sold the land Deen, who in turn sold it to Atty. Deen. Upon Atty. Deen's death, an
extra-judicial settlement
of estate, which did not include subject lot, was executed by his heirs.
Later they executed an
Additional ExtraJudicial Settlement with Absolute Deed of Sale, which sold the land to Norberto who took
possession of and built a house on it. Norberto died without a will and was succeeded by Lolita.
Josefina, who represented the Heirs Pedro, filed a
complaint for Clarification of Ownership of the subject lot against Lolita. Later, Lolita sought to register her
portion in subject lot but was denied by the Register of Deeds, citing the need
for a court order. Lolita then learned that TCT No. T-96676 had been partially
cancelled and TCT Nos. T-100181, T-100182, T-100183, and T-100185 had been
issued in the name of the Heirs of Pedro Bas, represented by Josefina. Lolita filed a complaint before
the Regional Trial Court of Cebu City for the cancellation of the titles.
RTC ruled in favor of Lolita. Heirs of Pedro appealed to the CA.
The CA reversed the RTC
Decision and dismissed the complaint. According to the CA, Lolita must first be declared as
the sole heir to the estate of Norberto in a proper special proceeding
ISSUE/S:
1) WON petitioner
should first be declared an heir of Norberto in order to proceed with this case.
2) WON it was proper
for the CA to dismiss the case based on a ground that has not been raised.
HELD:
1) NO.
The
dispute in this case is not about the heirship of petitioner to Norberto but
the validity of the sale of the property from Pedro to Faustina, from which
followed a series of transfer transactions that culminated in the sale of the
property to Norberto. For with Pedro's sale of the property, it follows that
there would be no more ownership or right to property that would have been
transmitted to his heirs.
Furthermore, no judicial declaration of heirship is
necessary in order that an heir may assert his or her right to the property of
the deceased.
This is upon the theory
that the property of a deceased person, both real and personal, becomes the
property of the heir by the mere fact of death of his predecessor in interest.
There is no legal precept
or established rule which imposes the necessity of a previous legal declaration
regarding their status as heirs to an intestate on those who, being of age and
with legal capacity, consider themselves the legal heirs of a person, in order
that they may maintain an action arising out of a right which belonged to their
ancestor.
Moreover, the
pronouncement in the Heirs
of Yaptinchay that a declaration of heirship must be made only in a special proceeding and
not in an ordinary civil action for reconveyance of property is not
applicable in this case. Such ruling is only applicable if the adverse parties were
putative heirs to a decedent's estate or parties to the special proceedings for
an estate's settlement. Here, the
main issue is the annulment
of title to property, which ultimately hinges on the validity of the sale from
Pedro to Faustina. Petitioner does not claim any filiation with Pedro or seek to establish her
right as his heir as against the respondents. Rather, petitioner seeks to enforce her
right over the property which has been allegedly violated by the fraudulent
acts of respondents.
2) NO. Rule 9, Section 1 of the Rules of Court
states, "defenses
and objections not pleaded either in a motion to dismiss or in the answer are
deemed waived. Here,
respondents never raised their objection to petitioner's capacity to sue either
as an affirmative defense or in a motion to dismiss." Thus, CA
should not have dismissed the case based on such ground since it was deemed
waived due to the fact that it was not pleaded in either a motion to dismiss or
answer
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