Erlinda Pilapil et al versus Heirs of Maximino Briones

G.R. No 150175

Pursuant to the assailed orders of CFI of Cebu, Donata Briones, surviving wife of Maximino Briones who died in
1952, was awarded the ownership of real estate properties of the decedent as being the sole and exclusive heir.
In 1977, the petitioner, Erlinda, successor in interest of Donata, acquired the properties upon the death of the
latter however in 1985, the respondents, heirs of Maximino Briones, assailed the transfer by alleging among other
things, that fraud and misrepresentation were committed and lack of proper notice upon them of such proceeding.
In granting the complaint, both the RTC and Court of Appeals ruled that the respondents because of lack of notice,
they were deprived of their shares in the estate of the Maximino.

In reversing the decision of RTC and Court of Appeals, the Supreme Court held that the heirs of Maximino failed
to convince the Court that fraud and misrepresentation were employed in the transfer of ownership from Maximino
to Donata. Contrary to the findings of lower courts, the Court ruled that the transfer was made pursuant to CFI
order in the Special Proceeding No. 928-R issued in 1960 which declared her as sole, absolute and exclusive
heir of Maximino and no proof whatsoever was being adduced by respondents that they did not receive any notice
of such proceeding. Also, the Court had the occasion to rule that settlement of estate whether testate or intestate
is a proceeding in rem, and that the publication in the newspaper of general circulation of the proceeding is a
notice to the whole world especially those who were not named as heirs or creditors in the petition whether such
omission was voluntary or involuntary.