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Natcher vs. Court of Appeals 366 SCRA 385, October 02, 2001
Natcher vs. Court of Appeals 366 SCRA 385, October 02, 2001
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* SECOND DIVISION.
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BUENA, J.:
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„It is the probate court that has exclusive jurisdiction to make a just
and legal distribution of the estate. The court a quo, trying an
ordinary action for reconveyance/annulment of title, went beyond
its jurisdiction when it performed the acts proper only in a special
proceeding for the settlement of estate of a deceased person. x x x
„x x x Thus the court a quo erred in regarding the subject
property as an advance inheritance. What the court should have
done was merely to rule on the validity of (the) sale and leave the
issue on advancement to be resolved in a separate proceeding
instituted for that purpose. x x x‰
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8 Rollo, p. 25.
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16 Coca vs. Borromeo, supra; Pascual vs. Pascual, 73 Phil. 561 [1942];
Alvarez vs. Espiritu, L-18833, August 14, 1965, 14 SCRA 892 [1965];
Cunanan vs. Amparo, 80 Phil. 227 [1948]; 3 MoranÊs Comments on the
Rules of Court, 1970 ed., p. 473.
17 269 SCRA 764, 769 [1997].
18 Pagkatipunan vs. Intermediate Appellate Court, 198 SCRA 718
[1991].
19 Mateo vs. Lagua, 29 SCRA 864 [1969].
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