A. Settlement of Estate (R-73 to 90) Agtarap vs Agtarap

 Agtarap vs agtarap Probate courts: jurisdiction The general rule is that the jurisdiction of the trial court, either as a probate or an intestate court, relates only to matters having to do with the probate of the will and/or settlement of the estate of deceased persons, but does not extend to the determination of question of ownership that arise during the proceeding. The jurisdiction of a probate extends to matters incidental or collateral to the settlement and distribution of the state, such as the determination of the status of each heir and whether the property in the inventory is conjugal or exclusively property of the deceased spouse. Exception; as justified by expediency and convenience. first, the probate court may provisionally pass upon in an intestate or a testate proceeding the question of inclusion in, or exclusion from, the inventory of a piece of property without prejudice to the final determination of ownership in a separate action. second, if the interested parties are all hers to the estate, or the question is one of collation or advancement, or the parties consent to the assumption of jurisdiction by the probate court is competent to resolve issues on ownership. its jurisdiction extends to matters incidental or collateral tot the settlement and distribution of the estate, such as the determination of the status of each heir and whether the property in the inventory is conjugal or exclusively property of the deceased spouse.

Facts Descendant joaquin left two parcels of land with improvements. during his lifetime he contracted two marriages. the first wife is lucia who died at 1924 with three children namely, jesus, milagros and jose. the second wife is carded, with three children, eduardo, sebastian and mercedes. the son of edwardo or (grandson in second wife) filed petition for settlement of joaquin;s intestate estate. the RTC issued resolution

appointing eduardo as administrator. issuing order of partition on once 23,2000 which ruled that the “blyk of estate property were acquired during the existence of 2nd marriage, with TCT’s titling that joaquin married to carded. eduardo, sebastian and opositora joseph and teresa the children of jose filed their respective motion for reconsiderations. The RTC denied the motion for reconsideration of eduaro and sebastians and granted joseph and teresa. declaring that the real properties belonged to conjugal partnership of joaquin and lucia and directed the October partition to reflect the anew and correct share of heirs. eduardo and sebastian appealed to CA before RTC for petition for review. the CA dismissed the appeals and affirmed the RTC resolution. sebastians contention that joesph and teresa failed to establish that they are legitimate hers of jose, and thus of their grandfather joaquin and the certificates of title of subject property indicate or titlling “joaquin married to carded” which is conclusive proof of ownership, thus not subject to collateral attack. on the other hand, eduardo alleged that CA erroneously settled joaquin’s estate together with the estates of lucia,jesus, jose, mercedes, gloria and milagros in one proceeding. they said the estate of milagros shall not be distributed, since a proceeding was already conducted in another court for the probate of milagros will, thus violating the rule on precedence of testate over intestate proceedings. and also, that the RTC as acting special or limited jurisdiction shall not determine the questions of ownership which belongs to general jurisdiction. issue RTC as intestate court has jurisdiction to resolve ownership of real properties? CA settlement of joaquin estate together with the estates of the others heirs is correct? legitimacy of joseph and teresa?

eduardos petion granted sebatian petion denied. Case remanded to RTC for further settlement of Joaquin’s estate. RTC has jurisdiction to resolve ownership of the real properties. o Gen Rule: Jurisdiction of trial court, either as probate or intestate court, relates only to matters having to do with probate of will and or settlement of estate of deceased persons and does not extend to determination of questions of ownership that arise during the proceedings. Exceptions, as justified by expediency and convenience: Probate court may provisionally pass upon in an intestate or testate proceeding the question of inclusion or exclusion, from inventory of a piece of property w/o prejudice to final determination in a separate action If interested parties are all heirs or question is one of collation/advancement or parties consent to the assumption of of jurisdiction by the court and the rights of 3P are not impaired Estate is settled and distributed among heirs only after payment of debts of the estate, funeral charges admin expenses, allowance to th widow, and inheritance tax. Records show these were not complied with in 1965. Sebastian did not present evidence to support averments to exclude Joseph and Teresa as heirs. CA disposition related only to the estate of Joaquin. Sec 1 Rule 90: RTC granted jurisdiction to determine lawful heirs of Joaquin as well as respective shares in the payment of obligations The inclusion of Lucia, Jesus, Jose, Mercedes and Gloria was merely a necessary consequence of the settlement of Joaquin’s estate, they being his legal heirs.