Agtarap Case Digest

Melanie R.
Lim
AGTARAP vs. AGTARAP

G.R. No. 177099
FACTS:
Eduardo G. Agtarap filed a Petition for the Judicial

Settlement of the estate of his deceased father Joaquin
Agatarap, who died intestate. The Petition alleged that during
the lifetime of Joaquin he has contracted two marriages, first
with Lucia Garcia who died on April 24, 1924 with three
children namely Jesus (died without issue) Milagros and Jose
(survived by three children, namely, Gloria, Joseph and
Teresa). Joaquin then married Caridad Garcia who also had
three children, namely Eduardo, Sebastian and Mercedes
(survived by her daughter Cecile). At the time of his death, he
left two parcels of land with improvements in Pasay City.
Eduardo asked to be appointed as administrator. He was later
appointed by the probate court and was issued letters of
administration. Meanwhile, Joseph, Gloria and Teresa filed
their answer/opposition alleging among others that the two
subject lots belong to the conjugal partnership of Joaquin and
Lucia, thus, upon death of Lucia April 1924, they became the
pro indiviso owners of the subject properties. Eduardo,
Sebastian and oppositors Joseph and Teresa filed their
respective motions for reconsideration. Thereafter, the RTC
issued an Order of Partition holding that considering that the
bulk of the estate property were acquired during the existence
of the second marriage as shown by TCT No. (38254) and TCT
No. (38255) which showed on its face that decedent was
married to Caridad Garcia, which fact oppositors failed to
contradict by evidence other than their negative allegations,
the greater part of the estate is perforce accounted by the
second marriage and the compulsory heirs thereunder. The
RTC declared that the real estate properties belonged to the
conjugal partnership of Joaquin and Lucia.
ISSUE:
Whether or not the RTC, acting as an intestate court with
limited jurisdiction, was vested with the power and authority
to determine questions of ownership?
HELD:
Yes.
RULING:
As to Sebastian's and Eduardo's common issue on the

ownership of the subject real properties, the Supreme Court
2
held that the RTC, as an intestate court, had jurisdiction to

resolve the same. The Court said that 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 questions
of ownership that arise during the proceedings. The patent
rationale for this rule is that such court merely exercises
special and limited jurisdiction. As held in several cases, a
probate court or one in charge of estate proceedings, whether
testate or intestate, cannot adjudicate or determine title to
properties claimed to be a part of the estate and which are
claimed to belong to outside parties, not by virtue of any right
of inheritance from the deceased but by title adverse to that of
the deceased and his estate. All that the said court could do
as regards said properties is to determine whether or not they
should be included in the inventory of properties to be
administered by the administrator. If there is no dispute,
there poses no problem, but if there is, then the parties, the
administrator, and the opposing parties have to resort to an
ordinary action before a court exercising general jurisdiction
for a final determination of the conflicting claims of title.
However, this general rule is subject to exceptions 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 heirs 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 and the rights
of third parties are not impaired, then the probate court is
competent to resolve issues on ownership. Verily, its
jurisdiction extends to matters incidental or collateral to 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 exclusive property of
the deceased spouse. The Court held that the general rule
does not apply to the instant case considering that the parties
are all heirs of Joaquin and that no rights of third parties will
be impaired by the resolution of the ownership issue. More
importantly, the determination of whether the subject
properties are conjugal is but collateral to the probate court's
jurisdiction to settle the estate of Joaquin.

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Melanie R.

AGTARAP vs. AGTARAP

Eduardo G. Agtarap filed a Petition for the Judicial

As to Sebastian's and Eduardo's common issue on the

held that the RTC, as an intestate court, had jurisdiction to

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