22. Solivio v. CA Facts.

This case involves the estate of the late novelist, Esteban Javellana, Jr," who died a bachelor, without descendants, ascendants, brothers, sisters, nephews or nieces. His only surviving relatives are: ( ! his "aternal aunt, petitioner #eledonia $olivio, the spinster half%sister of his "other, $alustia $olivio& and ('! the private respondent, #oncordia Javellana%(illanueva, sister of his deceased father, Esteban Javellana, $r. )uring his lifeti"e, Esteban, Jr. had, "ore than once, e*pressed to his aunt #eledonia and so"e close friends his plan to place his estate in a foundation to honor his "other and to help poor but deserving students obtain a college education. +nfortunately, he died of a heart attac, without having set up the foundation. Two wee,s after his funeral, #oncordia and #eledonia tal,ed about what to do with Esteban-s properties. .ursuant to their agree"ent that #eledonia would ta,e care of the proceedings leading to the for"ation of the foundation, #eledonia in good faith and upon the advice of her counsel, filed a $pl. .roceeding /o. '012 for her appoint"ent as special ad"inistratri* of the estate of Esteban Javellana, Jr.. 3ater, she filed an a"ended petition praying that letters of ad"inistration be issued to her& that she be declared sole heir of the deceased& and that after pay"ent of all clai"s and rendition of inventory and accounting, the estate be ad4udicated to her. 5fter due publication and hearing of her petition, as well as her a"ended petition, she was declared sole heir of the estate of Esteban Javellana, Jr. Thereafter, she sold properties of the estate to pay the ta*es and other obligations of the deceased and proceeded to set up the "SALUSTIA SOLIVIO VDA. DE JAVELLANA FOUNDATION" which she caused to be registered in the $ecurities and E*change #o""ission on July 6, 78 under 9eg. /o. 2 222'6. Four "onths later, #oncordia Javellana (illanueva filed a "otion for reconsideration of the court-s order declaring #eledonia as "sole heir" of Esteban, Jr., because she too was an heir of the deceased. Her "otion was denied by the court for tardiness. :nstead of appealing the denial, #oncordia filed a civil case in the 9T# of :loilo for partition, recovery of possession, ownership and da"ages. :ssue: ;hether the 9T# of :loilo had 4urisdiction to entertain #ivil #ase /o. <'26 for partition and recovery of #oncordia (illanueva-s share of the estate of Esteban Javellana, Jr. even while the probate proceedings were still pending in the sa"e court&

#eledonia $olivio! affir"ing the decision of the trial court in #ivil #ase /o. The power to deter"ine the legality or illegality of the testa"entary provision is inherent in the 4urisdiction of the court "a. 8<181 February '. Jr. :t is the order of distribution directing the delivery of the residue of the estate to the persons entitled thereto that brings to a close the intestate proceedings. vs.9. in the e*ercise of its 4urisdiction to "a. BE):53)E5. there being as yet no orders for the sub"ission and approval of the ad"inistrati*-s inventory and accounting... 272 2 (#oncordia (illanueva v. J. 788 of the #ourt of 5ppeals in #5 =9 #( /o. and i"practical. =. e*pensive. .ed 4urisdiction to entertain #oncordia (illanueva-s action for partition and recovery of her share of the estate of Esteban Javellana. has power to deter"ine the proportion or parts to which each distributed is entitled. the dispositive portion of which reads as follows: . would be contrary to the general tendency of the 4urisprudence of avoiding "ultiplicity of suits& and is further.Held: The 9egional Trial #ourt. 772 #E3E)>/:5 $>3:(:>. . The probate court loses 4urisdiction of an estate under ad"inistration only after the pay"ent of all the debts and the re"aining estate delivered to the heirs entitled to receive the sa"e. <'26 for partition.roc.: This is a petition for review of the decision dated January 'C. reconveyance of ownership and possession and da"ages. The finality of the approval of the pro4ect of The probate court.. 9e* $ui@a #astillon for petitioner. dilatory. To hold that a separate and independent action is necessary to that effect. THE H>/>95?3E #>+9T >F 5. lac. /o. '012! for the settle"ent of said estate are still pending in the sa"e court. $alas A (illareal for private respondent.e distribution. respondents. and ter"inating the proceedings.E53$ and #>/#>9):5 J5(E335/5 (:335/+E(5. puts an end to the ad"inistration and thus far relieves the ad"inistrator fro" his duties. while the probate proceedings ($pl. petitioner.ing a 4ust and legal distribution of the inheritance. distributing the residue of the estate to the heir. /o.

ascendants. be divided into two ('! shares: one%half for the plaintiff and one%half for defendant. His only surviving relatives are: ( ! his "aternal aunt. brought up Esteban. 1'%1<.22 as e*penses of litigation& .HE9EF>9E. 4udg"ent is hereby rendered for the plaintiff and against defendant: a! >rdering that the estate of the late Esteban Javellana. $r. Jr. His father died barely ten ( 2! "onths after his "arriage in )ece"ber. <'0. =regoria #elo. Fro" both shares shall be eDually deducted the e*penses for the burial. Jr." who died a bachelor. (pp. #oncordia Javellana%(illanueva.0. donations and the -$alustia $olivio (da. >n >ctober .222. awards. $alustia and her sister. $alustia $olivio& and ('! the private respondent. was born.222. "ausoleu" and related e*penditures. de Javellana Be"orial Foundation&b! )irecting the defendant to sub"it an inventory of the entire estate property. 7 C to $alustia $olivio and four "onths before Esteban. Jr. Esteban Javellana. but no con4ugal property was acDuired during her short%lived "arriage to Esteban. brothers. $alustia brought to her "arriage paraphernal properties (various parcels of land in #alinog. 9ollo! This case involves the estate of the late novelist. 5gainst the share of defendants shall be charged the e*penses for scholarship. $r. including but not li"ited to.. $alustia died. 707. author of the first post%war Filipino novel ". Engracio $olivio-s first wife (p.ithout $eeing the )awn. $> >9)E9E). without descendants. 9ecord!. #eledonia (daughter of Engracio $olivio and his second wife Josefa Fernande@!. sister of his deceased father. nephews or nieces. the spinster half% sister of his "other.22 for and as attorney-s fees plus costs.. 2. a teacher in the :loilo . :loilo covered by '1 titles! which she had inherited fro" her "other. Esteban Javellana. specific ite"s already "entioned in this decision and to render an accounting of the property of the estate. Jr. leaving all her properties to her . within thirty (<2! days fro" receipt of this 4udg"ent& one%half ( E'! of this produce shall belong to plaintiff& c! >rdering defendant to pay plaintiff . He was a posthu"ous child.rovincial High $chool. sisters. petitioner #eledonia $olivio.

where she. besides they have closely .roceeding /o.e care of the proceedings leading to the for"ation of the foundation.e the estate of the decedent a foundation. father of the decedent hereinG. "ore than once. filed on Barch 8.roceeding /o. Esteban. +nfortunately. '012. 766 $pl.s after his funeral. :loilo #ity. on February 'C. 768" which she filed on July '6. 5fter due publication and hearing of her petition. '<1. Jr. #eledonia in good faith and upon the advice of her counsel. and her sister lived.a@. Two wee.ed about what to do with Esteban-s properties.new all along the narrated facts in the i""ediately preceding paragraph Fthat herein "ovant is also the relative of the deceased within the third degree. '!. $he e*plained that this was done for three reasons: ( ! because the properties of the estate had co"e fro" her sister. she was declared sole heir of the estate of Esteban Javellana. Jr. her son. '012 for her appoint"ent as special ad"inistratri* of the estate of Esteban Javellana. for the purpose of helping indigent students in their schooling. )uring his lifeti"e. 768 in $pecial . the estate be ad4udicated to her (p. Jr. where she stated: 1. had. fro" who" his properties ca"e. Esteban. she filed an a"ended petition (E*h. 0. as well as her a"ended petition.ursuant to their agree"ent that #eledonia would ta. #oncordia agreed to carry out the plan of the deceased.only child. This fact was ad"itted by her in her "Botion to 9eopen andEor 9econsider the >rder dated 5pril <. he died of a heart attac. Jr. 9ecord& E"phasis supplied.nown each other due to their filiation to the decedent and they have been visiting each other-s house which are not far away for (sic! each other. because prior to the filing of the petition they (petitioner #eledonia $olivio and "ovant #oncordia Javellana! have agreed to "a. (p.! . 9ollo!. . including a house and lot in 3a . e*pressed to his aunt #eledonia and so"e close friends his plan to place his estate in a foundation to honor his "other and to help poor but deserving students obtain a college education. Jr. 766 without having set up the foundation. 0! praying that letters of ad"inistration be issued to her& that she be declared sole heir of the deceased& and that after pay"ent of all clai"s and rendition of inventory and accounting.. the titles of all these properties were transferred in the na"e of Esteban. #oncordia and #eledonia tal. That petitioner . she being the younger sister of the late Esteban Javellana. $alustia $olivio& ('! that she is the decedent-s nearest relative on his "other-s . #eledonia told #oncordia about Esteban-s desire to place his estate in a foundation to be na"ed after his "other. 3ater. (E*h. :n due ti"e.

Jr. . <'26 in the 9egional Trial #ourt of :loilo. entitled "#oncordia Javellana% (illanueva v. the trial court ordered the e*ecution of its 4udg"ent pending appeal and reDuired #eledonia to sub"it an inventory and accounting of the estate. #eledonia $olivio" for partition. '012! were still pending in ?ranch '< of the sa"e court& '. 9T#! declared her the sole heir of Esteban. she sold properties of the estate to pay the ta*es and other obligations of the deceased and proceeded to set up the "$53+$T:5 $>3:(:> ()5. 788.. 768. whether #oncordia (illanueva was prevented fro" intervening in ." The trial court denied her "otions for reconsideration. 768. this petition for review wherein she raised the following legal issues: . /o. 768. <'26. Four "onths later. de Javellana Foundation. 782 (or one year and two "onths later!. #oncordia filed on January 6.side& and (<! with her as sole heir. the disposition of the properties of the estate to fund the foundation would be facilitated. /o. the said trial court rendered 4udg"ent in #ivil #ase /o. 272 2!. #oncordia Javellana (illanueva filed a "otion for reconsideration of the court-s order declaring #eledonia as "sole heir" of Esteban. whether ?ranch 'C of the 9T# of :loilo had 4urisdiction to entertain #ivil #ase /o. >n $epte"ber <. rendered 4udg"ent affir"ing the decision of the trial court in toto. the -$alustia $olivio (da. >n >ctober '6. 78.roc. in favor of #oncordia Javellana%(illanueva. Jr. ownership and da"ages. :n her "otions for reconsideration of those orders. Hence. Jr. :nstead of appealing the denial. )E J5(E335/5 F>+/)5T:>/" which she caused to be registered in the $ecurities and E*change #o""ission on July 6. >n 5pril <. <'26 for partition and recovery of #oncordia (illanueva-s share of the estate of Esteban Javellana. Thereafter. and were in the possession of. 2 222'6 (p. recovery of possession. :n the "eanti"e. >n #oncordia-s "otion. #ivil #ase /o. >n January 'C. #F:. 9ecord!. 78 under 9eg. even while the probate proceedings ($pl. 9ollo!. ?ranch 'C. now ?ranch '<. 781. Eleventh )ivision. #eledonia averred that the properties of the deceased had already been transferred to. the court (?ranch ::. her "otion was denied by the court for tardiness (pp. the #ourt of 5ppeals. #eledonia perfected an appeal to the #ourt of 5ppeals (#5 =9 #( /o. or on 5ugust 6. 82%8 . because she too was an heir of the deceased.

we find "erit in the petitioner-s contention that the 9egional Trial #ourt. did not toll the end of the proceedings. and notwithstanding the fact that confor"ably with said agree"ent. < . ?ranch 'C.roc. 0C $#95 'CC!. v. 5s a "atter of fact. 3% '68C2. The Duestion of 4urisdictionH 5fter a careful review of the records. C8 . no other heirs ca"e out to interpose any opposition to the instant proceeding. '012 declaring #eledonia as the sole heir of the estate of Esteban Javellana. :t further appears that herein 5d"inistratri* is the only clai"ant%heir to the estate of the late Esteban Javellana who died on February 'C. . <C6. Barch '7. Jr. whether #oncordia "ay recover her share of the estate after she had agreed to place the sa"e in the $alustia $olivio (da. puts an end to the ad"inistration and thus far relieves the ad"inistrator fro" his duties ($antiesteban v.. Jr. . lac. /o. .roc. whether the decedent-s properties were sub4ect to reserva troncal in favor of #eledonia. 5s regards the second incident FBotion for )eclaration of Biss #eledonia $olivio as $ole Heir. while the probate proceedings ($pl. dated Barch 6. . and ter"inating the proceedings (p." The pertinent portions of the order are Duoted below: '. 768G. '012 through e*trinsic fraud& <. The assailed order of Judge 5dil in $pl. /o. $antiesteban. distributing the residue of the estate to the heir. et al. de Javellana Foundation. there being as yet no orders for the sub"ission and approval of the ad"inistrati*-s inventory and accounting.roc. /o. it appears fro" the record that despite the notices posted and the publication of these proceedings as reDuired by law. 761. 766. the last paragraph of the order directed the ad"inistratri* to "hurry up the settle"ent of the estate. :t is the order of distribution directing the delivery of the residue of the estate to the persons entitled thereto that brings to a close the intestate proceedings. :.$pl. .hil. his relative within the third degree on his "other-s side fro" who" he had inherited the"& and 1. Escolin. '012! for the settle"ent of said estate are still pending in ?ranch '< of the sa"e court. 9ecord!.ed 4urisdiction to entertain #oncordia (illanueva-s action for partition and recovery of her share of the estate of Esteban Javellana.hilippine #o""ercial and :ndustrial ?an. the Foundation has been for"ed and properties of the estate have already been transferred to it.

The 5d"inistratri* is hereby instructed to hurry up with the settle"ent of this estate so that it can be ter"inated.e hold that the separate action was i"properly filed for it is the probate court that has e*clusive 4urisdiction to "a. she filed "ore than one year later. :loilo #ity.a"panga. 1% C. a separate action for the sa"e purpose in ?ranch 'C of the court.e distribution.e a 4ust and legal distribution of the estate.. ?ranch '<!. an elder FsicG sister of his late "other who reared hi" and with who" he had always been living with FsicG during his lifeti"e.a@.ing a 4ust and legal distribution of the .nown issue. and to have herself (#oncordia! declared as co%heir and recover her share of the properties of the deceased. a court should not interfere with probate proceedings pending in a co%eDual court. 6. it was established that the late Esteban Javellana died single. '012. (pp. 5d"inistratri* of this estate. Javellana. in the e*ercise of its 4urisdiction to "a. 768. #oncordia-s "otion to set aside the order declaring #eledonia as sole heir of Esteban. . Biss #eledonia $olivio. 3%'CC70. ********* '. 76'. :n the interest of orderly procedure and to avoid confusing and conflicting dispositions of a decedent-s estate. The power to deter"ine the legality or illegality of the testa"entary provision is inherent in the 4urisdiction of the court "a. and without any surviving parents.)uring the hearing of the "otion for declaration as heir on Barch 6.roc. was to elevate the denial to the #ourt of 5ppeals for review on certiorari. January < .. The finality of the approval of the pro4ect of The probate court. did we rule in =uilas v. 1< $#95 . Her re"edy when the court denied her "otion. . Judge of the #ourt of First :nstance of . without any . However. has power to deter"ine the proportion or parts to which each distributed is entitled. 9ecord! :n view of the pendency of the probate proceedings in ?ranch of the #ourt of First :nstance (now 9T#. 766 at 3a . instead of availing of that re"edy. who died intestate on February 'C. /o. Thus. where a daughter filed a separate action to annul a pro4ect of partition e*ecuted between her and her father in the proceedings for the settle"ent of the estate of her "other: The probate court loses 4urisdiction of an estate under ad"inistration only after the pay"ent of all the debts and the re"aining estate delivered to the heirs entitled to receive the sa"e. is hereby declared as the sole and legal heir of the late Esteban $. His nearest relative is the herein 5d"inistratri*. was properly filed by her in $pl. .

Barcosa 9ivera. 22 . would be contrary to the general tendency of the 4urisprudence of avoiding "ultiplicity of suits& and is further. 6<2. 62 . 3%0 26.hil. 5ntonio. The better practice. or for reopening of the probate or ad"inistrative proceedings if it had already been closed. >rtu@ar. #ano. 7' . 3% 16 2.hil. and i"practical. <C1.alanca. <2!. ?onilia.hil.hil. (Barcelino v.. is to de"and his share through a proper "otion in the sa"e probate or ad"inistration proceedings. $#95 '6 . )alu@. that the properties in Duestion were paraphernal properties of his wife. hence. which would be tried by another court or Judge which "ay thus reverse a decision or order of the probate or intestate court already final and e*ecuted and re%shuffle properties long ago distributed and disposed of. >n appeal to this #ourt. 5pril '7.hil. however.hil. we ruled that "such declarations (that Barcosa 9ivera was the only heir of the decedent! is i"proper.. <88! 5 4udicial declaration that a certain person is the only heir of the decedent is e*clusively within the range of the ad"inistratri* proceedings and can not properly be "ade an independent action.i"entel v. '6C. 7C & $iguiong v. 87 . Tecson. . 87 . (3ita" v.hil. 5gustines. supra& Jingco v. the trial court in the civil case declared that the plaintiffs%appellants were not children of the deceased.. (9a"os v.hil. Tecson. provided the prescriptive period therefore has not elapsed (Bari v. Espiritu. 22 . 5s long as the order of the distribution of the estate has not been co"plied with. (. <6!. v. Barch '7. 9ivera. in #ivil #ase /o. 1<C! partition by itself alone does not ter"inate the probate proceeding (Ti"bol v. the probate proceedings cannot be dee"ed closed and ter"inated $iguiong v. 100. 7C2. and that the latter was his only heir. 26 . supra!& because a 4udicial partition is not final and conclusive and does not prevent the heirs fro" bringing an action to obtain his share. '8. 8< . e*pensive. 0 . entitled to inherit his one%half share of the con4ugal properties acDuired during his "arriage to Barcosa 9ivera. . 70<.hil. 3% 0110. for the heir who has not received his share. pp. 61 %61'& Ti"bol v. dilatory. To hold that a separate and independent action is necessary to that effect. 1C2%1C & E"phasis supplied! :n 3ita" et al. '26 . where despite the pendency of the special proceedings for the settle"ent of the intestate estate of the deceased 9afael 3ita" the plaintiffs%appellants filed a civil action in which they clai"ed that they were the children by a previous "arriage of the deceased to a #hinese wo"an. 5pril '1.inheritance. and not through an independent action. #ano. it being within the . 28'& 9o"an #atholic v. <C1! 5 separate action for the declaration of heirs is not proper.

July < . #eledonia. 11C'<%9. The Duestion of e*trinsic fraudH . were i"proper and officious. E*trinsic fraud. to say the least. will not be. )avid. and reDuiring the ad"inistratri*. or one which operates upon "atters pertaining. the eDuitable relief against such 4udg"ent "ay be availed of. 782. :t was only in her a"ended co"plaint of Barch C. (illanueva. <68!. 76' Ed. (p. ordinarily. in issue until the presentation of the pro4ect of partition. for these "atters he within the e*clusive co"petence of the probate court. and declaring #oncordia (illanueva to be a co%heir of #eledonia to the estate of Esteban.. ?ranch 'C.ewise to proceed to discuss the "erits of her clai" in the interest of 4ustice. <8 >. (Jatco v. since the estate proceedings had been closed and ter"inated for over three years. and. supra. 0<6. #onsidering that in the instant case. the action for annul"ent of the pro4ect of partition was allowed to continue. $u"agui. The orders of the 9egional Trial #ourt. (cited in . For instance. the estate proceedings are still pending. 6 1!. but nonetheless. in #ivil #ase /o. such that the aggrieved party was deprived of his day in court through no fault of his own. not to the 4udg"ent itself. in issue. in which it is not as yet. #oncordia had lost her right to have herself declared as co%heir in said proceedings. by Boreno& (arela v. ordering the partition of the estate. .e have opted li. that e*trinsic fraud was alleged for the first ti"e.=. ::.roceedings /o. as a ground for annul"ent of 4udg"ent.e*clusive co"petence of the court in $pecial . but to the "anner by which such 4udg"ent was procured so "uch so that there was no fair sub"ission of the controversy. 5 fraud -which prevents a party fro" having a trial or presenting all of his case to the court. is any act or conduct of the prevailing party which prevented a fair sub"ission of the controversy (Francisco v. <'26 setting aside the probate proceedings in ?ranch '< (for"erly ?ranch ! on the ground of e*trinsic fraud.hil. 7C . a litigant was induced to withdraw his defense or was prevented fro" presenting an available defense or cause of action in the case wherein the 4udg"ent was obtained. Jr. to sub"it an inventory and accounting of the estate. '18! . if through fraudulent "achination by one Fhis adversaryG..hilippine 3aw )ictionary. in the =uilas case. 76 !. However. <'26. et al.as #oncordia prevented fro" intervening in the intestate proceedings by e*trinsic fraud e"ployed by #eledoniaI :t is noteworthy that e*trinsic fraud was not alleged in #oncordia-s original co"plaint in #ivil #ase /o.

Thus paragraph C of her co"plaint alleged: C. <2 $#95 < 8. 3%' C<. $alustia $olivio. <. $i"ilarly. whereby said defeated party is prevented fro" presenting fully and fairly his side of the case.5 4udg"ent "ay be annulled on the ground of e*trinsic or collateral fraud. 9ule 67. The fraud. =il. 9ui@. . >ctober < .G (p. <.. p. at the lowest possible cost and the least effort. 10 $#95 6. notice of the hearing of her a"ended petition of Bay 'C. and to do everything else reDuired by law. (3ibudan v. 9ule 6C in relation to $ec. '6%'7& $terling :nvest"ent #orp. <'<! The charge of e*trinsic fraud is. Falthough #eledonia denied that they agreed to partition the estate. is one that affects and goes into the 4urisdiction of the court. cause the pay"ent of ta*es and other obligations. '. 766 (E*h 1. the plaintiff and the defendant agreed that the defendant shall initiate the necessary proceeding. '. #oncordia was not unaware of the special proceeding intended to be filed by #eledonia.. however. attorneys or witnesses. or his agents. $he stayed away by choice. for their agree"ent was to place the estate in a foundation. and thereafter. The overriding consideration is that the fraudulent sche"e of the prevailing litigant prevented a party fro" having his day in court or fro" presenting his case. published in "?agong Kasanag" (/ew 3ight! issues of Bay '6.. /otice of the hearing of #eledonia-s original petition was published in the "(isayan Tribune" on 5pril '0. 76'. $he ad"itted in her co"plaint that she and #eledonia had agreed that the latter would "initiate the necessary proceeding" and pay the ta*es and obligations of the estate. by order of the court.. secure the partition of the estate between her and the plaintiff. 7C7. Bay ' and 7. 9ules of #ourt!. and she had agreed with #eledonia to place it in a foundation as the deceased had planned to do. v. 76. #oncordia was not prevented fro" intervening in the proceedings. The probate proceedings are proceedings in re". 766 for the settle"ent of the estate was.new that the estate ca"e e*clusively fro" Esteban-s "other. ?esides. . she . June < . 3%<2C71. as distinguished fro" intrinsic fraud. which connotes any fraudulent sche"e e*ecuted by a prevailing litigant -outside the trial of a case against the defeated party. Jr. therefore. 9ecord!. for the purpose of facilitating the settle"ent of the estate of the late Esteban Javellana. 9ecord& e"phasis supplied! Evidently. /otice of the ti"e and place of hearing of the petition is reDuired to be published ($ec. unwarranted for the following reasons: . Bay 6.

as Esteban-s nearest surviving relative on his "other-s side.and 2. 'd 81'& .. she. '2! #eledonia-s allegation in her petition that she was the sole heir of Esteban within the third degree on his "other-s side was not false. (17 #. 9ecord! The court noted that #oncordia-s "otion did not co"ply with the reDuisites of a petition for relief fro" 4udg"ent nor a "otion for new trial.. 5s pointed out by the probate court in its order of >ctober '6. it was "ade in good faith and in the honest belief that because the properties of Esteban had co"e fro" his "other. or to the court. A Trust #o. ?ow"an. Boreover. $"ith. then she is guilty of laches for sleeping on her alleged right. was filed about five "onths after #eledonia $olivio was declared as the sole heir. Failure to disclose to the adversary. The rule is stated in 17 #orpus Juris $ecundu" 82<2 as follows: . . (p. #oncordia was not deprived of her right to intervene in the proceedings for she had actual. . of King #ity v. ''. The "ove of #oncordia Javellana. .here petition was sufficient to invo. "atters which would defeat one-s own clai" or defense is not such e*trinsic fraud as will 4ustify or reDuire vacation of the 4udg"ent.. Joung. 9ules of #ourt!. 0 $. 27 $. )ean <' $o. 17! :t should be re"e"bered that a petition for ad"inistration of a decedent-s estate "ay be filed by any "interested person" ($ec. however. despite which the present "ovant only ca"e to court now. #onsidering that this proceeding is one in re" and had been duly published as reDuired by law. 768: .J.$. citing Joung v.rice v. 9ule 67. . is the rightful heir to the". 8'%<20. :t would have been self%defeating and inconsistent with her clai" of sole heirship if she stated in her petition that #oncordia was her co%heir.e statutory 4urisdiction of probate court and proceeding was in re" no subseDuent errors or irregularities are available on collateral attac. The publication of the notice of the proceedings was constructive notice to the whole world. (?edwell v. '.. 9ecord!. not his father. The filing of #eledonia-s petition did not preclude #oncordia fro" filing her own. 187. 766 (pp. 'd 11. as well as constructive notice of the sa"e. ' $E 'd C''& First /ational ?an.. Her o"ission to so state did not constitute e*trinsic fraud.

:t does not apply to property inherited by a descendant fro" his ascendant. is obliged to reserve such property as he "ay have acDuired by operation of law for the benefit of relatives who are within the third degree and who belong to the line fro" which said property ca"e. Jr.:::. nephews or nieces.adilla. (ol. ascendants. was not an ascendant. $alustia $olivio.! #learly. for Esteban. what should apply in the distribution of his estate are 5rticles 22< and 227 of the #ivil #ode which provide: .ing his other ascendant inherit by operation of law. The ascendant who inherits fro" his descendant any property which the latter "ay have acDuired by gratuitous title fro" another ascendant. brothers. >n the Duestion of reserva troncalH . $ince the deceased. fro" who" he inherited the properties in Duestion. died without descendants. C7'. he did not hold his inheritance sub4ect to a reservation in favor of his aunt. The propositusHthe descendant who received by gratuitous title and died without issue. The person obliged to reserve is the reservor (reservista!Hthe ascendant who inherits by operation of law property fro" his descendants.. but the descendant of his "other. 70C Ed. "a. who is his relative within the third degree on his "other-s side. (p. and belonging to the line fro" which the property ca"e. ::. 87 . #ivil 3aw by . Esteban Javellana. or a brother or sister. surviving spouse. The reserva troncal applies to properties inherited by an ascendant fro" a descendant who inherited it fro" another ascendant or 7 brother or sister. illegiti"ate children. Esteban Javellana. #eledonia $olivio. <. the reverse of the situation covered by 5rticle 87 . Jr. sisters..e find no "erit in the petitioner-s argu"ent that the estate of the deceased was sub4ect to reserva troncal and that it pertains to her as his only relative within the third degree on his "other-s side. Jr. the property of the deceased. Therefore. is not reservable property. The persons for who" the property is reserved are the reservees (reservatarios!Hrelatives within the third degree counted fro" the descendant (propositus!. The reserva troncal provision of the #ivil #ode is found in 5rticle 87 which reads as follows: 59T. The persons involved in reserva troncal are: . '.

she did not waive her inheritance in favor of #eledonia. nor children of brothers or sisters. 22<. ''6& =ranada v. 9ollo! :(. $hould there be neither brothers nor sisters. 06. de Javellana Foundation" which Esteban. an agree"ent which she ratified and confir"ed in her "Botion to 9eopen andEor 9econsider >rder dated 5pril <.en lightly as the lower court did. 82 . :t is true that by that agree"ent.nown each other due to their filiation to the decedent and they have been visiting each other-s house which are not far away for (sic! each other.. but she did agree to place all of Esteban-s estate in the "$alustia $olivio (da.roceeding /o. Her ad"ission "ay not be ta.. the other collateral relatives shall succeed to the estate. .e the estate of the decedent a foundation. 768" which she filed in $pl. Jr. . de Javellana (fro" who" the estate ca"e!. planned to set up to honor his "other and to finance the education of indigent but deserving students as well. (p. the #ourt of 5ppeals correctly held that: ?oth plaintiff%appellee and defendant%appellant being relatives of the decedent within the third degree in the collateral line. besides they have closely . it is conclusive and no evidence need be presented to prove the agree"ent (#unanan v. the collateral relatives shall succeed to the entire estate of the deceased in accordance with the following articles. $alustia $olivio (da.hil.59T. '012: 1. That . ?eing a 4udicial ad"ission. (p. shall succeed to the sub4ect estate -without distinction of line or preference a"ong the" by reason of relationship by the whole blood. '<1. or a surviving spouse. inas"uch as #oncordia had agreed to deliver the estate of the deceased to the foundation in honor of his "other. 227. 9ecord& E"phasis supplied! she is bound by that agree"ent. each. illegiti"ate children.and is entitled one%half ( E'! share and share ali. The latter shall succeed without distinction of lines or preference a"ong the" by reason of relationship by the whole blood. during his lifeti"e. prior to the filing of the petition they (petitioner #eledonia $olivio and "ovant #oncordia Javellana! have agreed to "a.e of the estate. ascendants. Therefore. :f there are no descendants. 59T. The Duestion of #oncordia-s one%half shareH However. therefore.. 5"paro.

To provide a scholarship for at least one scholar for $t. although she could have done so by deposition if she were supposedly indisposed to attend the trial. The ad"ission was never withdrawn or i"pugned by #oncordia who. develop. /o. 8 $#95 & $ta. =.9.. 1C $#95 168& and 9odillas v. especially in literary arts.eople v. 3%'2610. 0. but only one%half. To "aintain and provide the necessary activities for the proper care of the $olivio%Javellana "ausoleu" at #hrist the King Be"orial . de Javellana Foundation" was established and duly registered in the $ecurities and E*change #o""ission under 9eg. 5ug.. Encipido. )ec. of her share to the foundation (p.est (isayas $tate #ollege. '.9. '1 $#95 2 8& . To provide for the establish"ent andEor setting up of scholarships for such deserving students as the ?oard of Trustees of the Foundation "ay decide of at least one scholar each to study at . 1. 08C0'. actively participated in the trial. C $#95 <16!. Javellana which has "ade this foundation possible.hilippine /ational ?an.hilippines in the (isayas both located in :loilo #ity. 5na v. :loilo #ity. =. '7. Baliwat. in perpetuation of his 9o"an #atholic beliefs and those of his "other. Juanito )o"in.en of appreciation for the contribution of the estate of the late Esteban $. To direct or underta. >nly her husband.en of gratitude for their contributions.. 9ecord!. 2 222'6 for the following principal purposes: . 5lso. To foster.6227 . as a to. The records show that the "$alustia $olivio (da. did not even testify in the case.est (isayas $tate #ollege. #le"ents 9ede"ptorist #o""unity for a deserving student who has the religious vocation to beco"e a priest. $cholarships provided for by this foundation "ay be na"ed after its benevolent benefactors as a to. 7CC. /arciso. Jaro. Her husband confir"ed the agree"ent between his wife and #eledonia. =regorian "asses or their eDuivalents will be offered every . and the +niversity of the . Bay '2.e surveys and studies in the co""unity to deter"ine co""unity needs and be able to alleviate partially or totally said needs. 788. <. $andiganbayan. $ept. <'<. and the Javellana Be"orial at the . but he endeavored to dilute it by alleging that his wife did not intend to give all. < .ar. 7C8. significantly. and son%in%law. 78C. and encourage activities that will pro"ote the advance"ent and enrich"ent of the various fields of educational endeavors. 3%'<2'<. '.

legacies. in any "anner per"itted by law. Further.ewise is a "e"ber of the 9ede"ptorist 5ssociation that gives yearly donations to help poor students who want to beco"e 9ede"ptorist priests or brothers. who would be ordained this year. their death anniversaries.est (isayas $tate +niversity for teachers- . :t gives yearly awards for #reative writing .for review: The Foundation began to function in June. "ortgage. 8. He studied at $t. donations. and 9eDuie" "asses every February '0th and >ctober llth. including the e*ercise of the powers. 6. contributions. The Foundation has four (1! high school scholars in =uiso ?arangay High $chool.nown as the Esteban Javellana 5ward. The Foundation has a special scholar. or otherwise. To do and perfor" all acts and things necessary. endow"ents and financial aids or loans fro" whatever source. Francis Lavier Ba4or 9egional $e"inary at )avao #ity. sell. operate. as part of this provision. To acDuire. Javellana Bulti%purpose #enter at the . one ( ! fro" +. To receive gifts. and three (<! of its eight Esteban Javellana scholars graduated in 78C. e*change. Elbert (asDue@. and upon do"estic corporation of li. C. lease.hilippines in general. trade. authorities and attributes concerned upon the corporation organi@ed under the laws of the . the Foundation had constructed the Esteban $. develop. 9ollo! 5s alleged without contradiction in the petition.ind and description or any interest herein. suitable or proper for the acco"plish"ents of any of the purposes herein enu"erated or which shall at any ti"e appear conducive to the protection or benefit of the corporation. collect the inco"e thereof and pay or apply only the inco"e or such part thereof as shall be deter"ined by the Trustees for such endeavors as "ay be necessary to carry out the ob4ectives of the Foundation. purchase. The $chool has been selected as the . in real and personal property of every . Fr. 7% 2. pledge. The Foundation li. transfer.($+ graduated with honors& one was a #u" 3aude and the other was a recipient of 3agos 3ope@ award for teaching for being the "ost outstanding student teacher. to invest and reinvest the funds. own. (pp. invest.( graduated #u" 3aude and two ('! fro" . hold.ilot ?arangay High $chool for 9egion (:. or deal.February and >ctober. the site of which was donated by the Foundation. 78'.e nature in particular.

the entire estate of the deceased should be conveyed to the "$alustia $olivio (da. the petition for review is granted. The decision of the trial court and the #ourt of 5ppeals are hereby $ET 5$:)E. The petitioner. . #eledonia $olivio. (p.ewise contributed to religious civic and cultural fund%raising drives. de Javallana Foundation.and students.HE9EF>9E. co"for"ably with the agree"ent between her and her co%heir. 2. and has li. #oncordia is obligated to honor her co""it"ent as #eledonia has honored hers. . shall sub"it to the probate court an inventory and accounting of the estate of the deceased preparatory to ter"inating the proceedings therein." of which both the petitioner and the private respondent shall be trustees. and each shall be entitled to no"inate an eDual nu"ber of trustees to constitute the ?oard of Trustees of the Foundation which shall ad"inister the sa"e for the purposes set forth in its charter. Jr. a"ongst other-s. 9ollo! Having agreed to contribute her share of the decedent-s estate to the Foundation. However.use. #oncordia J. (illanueva is declared an heir of the late Esteban Javellana. as ad"inistratri* of the estate. entitled to one%half of his estate.

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