Cua v. Vargas G.R. No.

156536, FACTS:

October 31, 2006

A parcel of residential land with an area of 99 square meters located in San Juan, Virac, Catanduanes was left behind by the late Paulina Vargas. n !ebruary ", #99", a notari$ed %&tra Judicial Settlement among 'eirs was e&ecuted by and among Paulina Vargas( heirs, partitioning and ad)udicating unto themsel*es the lot in question, each one of them getting a share of ## square meters. +he heirs !lorentino, Andres, Antonina and ,loria, howe*er, did not sign the document. nly %ster, Visitacion, Juan, -enaida and .osario signed it. An %&tra Judicial Settlement among 'eirs with Sale was again e&ecuted by and among the same heirs o*er the same property and also with the same sharing. nce more, only %ster, Visitacion, Juan, -enaida and .osario signed the document and their respecti*e shares totaling // square meters were sold to Joseph Cua. ,loria Vargas came to 0now of the %&tra Judicial Settlement Among 'eirs with Sale only when the original house built on the lot was being demolished sometime in 1ay #99/. She also claimed she was unaware that an earlier %&tra Judicial Settlement Among 'eirs dated !ebruary ", #99" in*ol*ing the same property had been published in the Catanduanes +ribune. After 0nowing of the sale of the // square meters to petitioner Cua, ,loria Vargas tried to redeem the property from Joseph Cua but the offer was refused. ,loria Vargas filed a case for annulment of %&tra Judicial Settlement and 2egal .edemption of the lot against Joseph Cua. SS!": 3hether heirs are deemed constructi*ely notified and bound, regardless of their failure to participate therein, by an e&tra)udicial settlement and partition of estate when the e&tra)udicial settlement and partition has been duly published4 #"$%: 5 . +he procedure outlined in Section # of .ule 6" is an ex parte proceeding. +he rule plainly states, howe*er, that persons who do not participate or had no notice of an e&tra)udicial settlement will not be bound thereby. 7t contemplates a notice that has been sent out or issued before any deed of settlement and8or partition is agreed upon 9i.e., a notice calling all interested parties to participate in the said deed of e&tra)udicial settlement and partition:, and not after such an agreement has already been e&ecuted as what happened in the instant case with the publication of the first deed of e&tra)udicial settlement among heirs. +his is not to say, though, that respondents( co;heirs cannot *alidly sell their hereditary rights to third persons e*en before the partition of the estate. +he heirs who actually participated in the e&ecution of the e&tra)udicial settlements, which

included the sale to petitioner of their pro indiviso shares in the sub)ect property, are bound by the same.