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    HEIRS OF TEOFILO GABATAN Digest

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    Nova Marasigan
    The Supreme Court ruled that generally, determination of legal heirs must be made through a special proceeding and not in an ordinary suit for recovery of property. However, in this case, since both parties voluntarily submitted the issue of heirship to the regional trial court and presented evidence on it, and the court assumed jurisdiction over it, the Supreme Court allowed the heirship issue to be resolved in the same civil case for recovery, given that only one parcel of land was being claimed by both parties as inheritance from Juan Gabatan. This was deemed more practical than requiring a separate special proceeding.

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    HEIRS OF TEOFILO GABATAN Digest

    Uploaded by

    Nova Marasigan
    86 views2 pages
    The Supreme Court ruled that generally, determination of legal heirs must be made through a special proceeding and not in an ordinary suit for recovery of property. However, in this case, since both parties voluntarily submitted the issue of heirship to the regional trial court and presented evidence on it, and the court assumed jurisdiction over it, the Supreme Court allowed the heirship issue to be resolved in the same civil case for recovery, given that only one parcel of land was being claimed by both parties as inheritance from Juan Gabatan. This was deemed more practical than requiring a separate special proceeding.

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    HEIRS OF TEOFILO GABATAN digest

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    The Supreme Court ruled that generally, determination of legal heirs must be made through a special proceeding and not in an ordinary suit for recovery of property. However, in this case, since both parties voluntarily submitted the issue of heirship to the regional trial court and presented evidence on it, and the court assumed jurisdiction over it, the Supreme Court allowed the heirship issue to be resolved in the same civil case for recovery, given that only one parcel of land was being claimed by both parties as inheritance from Juan Gabatan. This was deemed more practical than requiring a separate special proceeding.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    86 views2 pages

    HEIRS OF TEOFILO GABATAN Digest

    Uploaded by

    Nova Marasigan
    The Supreme Court ruled that generally, determination of legal heirs must be made through a special proceeding and not in an ordinary suit for recovery of property. However, in this case, since both parties voluntarily submitted the issue of heirship to the regional trial court and presented evidence on it, and the court assumed jurisdiction over it, the Supreme Court allowed the heirship issue to be resolved in the same civil case for recovery, given that only one parcel of land was being claimed by both parties as inheritance from Juan Gabatan. This was deemed more practical than requiring a separate special proceeding.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    HEIRS OF TEOFILO GABATAN -VS- HON.

    COURT OF APPEALS AND LOURDES EVERO


    PACANA, RESPONDENTS.
    G.R. No. 150206
     
    FACTS
    Lot 3095 C-5 was declared for taxation in the name of Juan Gabatan.  Private respondent
    Lourdes filed an action for receovery of Property and Ownership and Possession thereat
    against petitioner heirs of Teofilo. She alleged that she is the sole owner of Lot 3095 C-5,
    having inherited the same from her deceased mother, Hermogena, who she claimed as the
    only child of Juan and his wife, Laureana. Lourdes alleged that upon the death of Juan, Lot
    3095 C-5 was entrusted to his brother, Teofilo, and Teofilo's wife, Rita, for administration.
    It was also claimed that prior to her death Hermogena demanded for the return of the land
    but to no avail. After Hermogena's death, Lourdes made numerous demands for the return
    of the subject property, also to no avail. In their answer, petitioners denied that Lourdes's
    claim. Petitioners maintained that Juan Gabatan died single in 1934 and without any issue
    and that Juan was survived by one brother and two sisters, namely: Teofilo, Macaria and
    Justa. These siblings and/or their heirs inherited the subject land from Juan Gabatan and
    have been in possession thereof in the concept of owners for more than fifty (50) years.
    Petitioners added that a similar case was previously filed by Lourdes against Teofilo's
    wife Rita, but the case was dismissed for lack of interest. Finally, petitioners contended that
    the complaint lacks or states no cause of action or, if there was any, the same has long
    prescribed and/or has been barred by laches.
     
    The RTC ruled in favor of respondent Lourdes, which decision was also affirmed by the CA.
    Hence this petitione for review on certiorari of the decision and resolution of the Court of
    Appeals.
     
    ISSUE

    1. WON the issue on Lourdes’s heirship can be resolved in the same civil action for
    recovery of ownership and possession of property.
     HELD:
    The Court Ruled in the Negative.
     
    Generally, determination of legal heirs must be made in  the proper special proceedings in
    court, and not in an ordinary suit for recovery of ownership and possession of property and
    this must take precedence over the action for recovery of possession and ownership. Udner
    Sec 3, Rule 1 of the 1997 Revised Rules of Court, a civil action is defined as one by which a
    party sues another for the enforcement or protection of a right, or the prevention or
    redress of a wrong while a special proceeding is a remedy by which a party seeks to
    establish a status a right, or a particular fact. It is then decisively clear that the declaration
    of heriship can be made only in a special proceeding in as much as the petitioners here are
    seeking the establishment of a status or right. However, the Supreme Court mentioned its
    ruling in Portugal v. Portugal- Beltran, where the Court relaxed its rule and allowed the
    trial court in a proceeding for annulment of title to determine the status of the party
    therein as heirs. Since the parcel of land being claimed appears to be only one parcel of land
    being claimed by the contending parties as their inheritance from Juan Gabatan, according
    to the SC it would be more practical to dispense with a separate special proceeding for the
    determination of the status of Lourdes as the sole heir of Juan Gabatan, especially since the
    parties to civil case, had voluntarily submitted the issue to the RTC and already presented
    their evidence regarding the issue of heirship in the proceeding. Also, the RTC assumed
    jurisdiction over the same and consequently rendered judgment thereon.
     

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