11.

widow, Leoncia de Leon, and several nephews and nieces, children of deceased brothers
SAM and sisters. A year thereafter, his widow executed an affidavit stating that she is the one
PILO and only person to inherit to the left properties. On the same day, she executed a deed
vs CA of sale of all the above the parcels of land in favor of Benny Sampilo and to which, after
G.R. five years, were sold by the latter to Honorato Salacup. All of which were all registered
No. before the Office of the Register of Deeds of Pangasinan. Felisa Sinopera instituted
L- proceedings for the administration of the estate of Teodoro Tolete and secured her
1047 appointment as administratix. A complaint was brought before the court after the lapse
4 of five years of the death of the testatrix, alleging among others that the widow had no
right to execute the said affidavit and therefore no right or whatsoever was transferred
Febr
to the herein petitioners.
uary
Issue:
28,
Whether or not the right of action of Felisa Sinopera to recover her participation and
1958 her co-heirs participation to the lands in question at the time the action to recover was
RULE filed had lapsed.
74 -
Held:
SUM The court is of the opinion and so hold that the provisions of Section 4 of Rule 74,
MAR
barring distributees or heirs from objecting to an extrajudicial partition after the
Y
SETTL expiration of two years from such extrajudicial partition, is applicable only (1) to persons
EME who have participated or taken part or had notice of the extrajudicial partition, and, in
NT addition, (2) when the provisions of Section 1 of Rule 74 have been strictly complied
OF with, i.e., that all the persons or heirs of the decedent have taken part in the
ESTA extrajudicial settlement or are represented by themselves or through guardians. The
TE
case at bar fails to comply with both requirements because not all the heirs interested
Facts
: have participated in the extrajudicial settlement, the Court of Appeals having found that
Teod the decedent left aside from his widow, nephews and nieces living at the time of his
oro death. Hence, the action was still proper
Telet
e
died
intest
ate
and
left
four
parce
ls of
land
in
San
Manu
el,
Pang
asina
n. He
left
as
heirs
his