CHU, Warren Edrick, G.

| I2023

Reyes Espiridion v. Enriquez

FACTS:
 One Dionisia Reyes co-owns a parcel of land with Anacleto Cabrera
o This land was later subject to an extrajudicial settlement with sale
o Later on, the same property was subject to a Segregation of Real Estate and
Confirmation of Sale by the heirs of the co-owners
o New and separate TCTs were issued in the name of Anacleto Cabrera, Eutiquio Dico,
Jr., Faustino Reyes, Esperidion Reyes, Julieta G. Rivera, Felipe Dico, and Archimedes C.
Villaluz

 Petitioners are the heirs of Dionisia Reyes

 Respondent Enriquez, claiming to be heir of Anacleto Cabrera, then sold a portion of this land to
Spouses Fernandez who took possession thereof
o However, they found out that they could not register the same due to the affidavits by
Anacleto Cabrera, Dionisia Reyes; extrajudicial settlement with sale of the estate of
Dionisia Reyes; CTCs in the name of petitioners; deed of segregation of real estate and
confirmation of sale by Dionisia and Anacleto

 Thus, Respondent filed a complaint for annulment and nullification of the said documents
 Respondent alleged that:
o His wife is the only surviving daughter of Spouses Cabrera, and took possession of the
½ share in the land.
o and alleged that the aforementioned documents are fraudulent and fictitious

 The RTC dismissed the complaint on the ground that:

o Respondents were seeking to be declared heirs of Anacleto
o and such may not be done in an ordinary civil action but through a special proceeding
specifically instituted for that purpose

 On appeal, the CA reversed the RTC and directed it to proceed with hearing the case
 Thus, this petition.

ISSUES + HELD:
1. W/N the Respondents have to institute a special proceeding to determine their status as
heirs of Anacleto Cabrera – YES

Civil action and special proceeding differentiated

o First, the Court differentiated between an ordinary civil action and a special
proceeding

1
 CHU, Warren Edrick, G. | I2023

 an ordinary civil action is one by which a party sues another for enforcement
or protection of a right, or the prevention or redress of a wrong
 while a special proceeding is a remedy by which a party seeks to establish
a status, a right or a particular fact.

Rule applicable
o In cases where alleged heirs of a decedent sue to recover property of the decedent
through the institution of an ordinary civil action, the Court has consistently ruled
that a declaration of heirship, if there is a need for one, is improper in an ordinary
civil action
 This is within the exclusive competence of the court in a special
proceeding
 The Court cited Portugal v. Portugal-Beltran: “..if there are no special
proceedings filed but there is, under the circumstances of the case, a need to file
one, then the determination of heirship should be raised and settled in said
special proceedings.”

As applied
o ITC, the right being asserted by the Respondents are their right as heirs of Anacleto
Cabrera.

o The Court ruled that the RTC was correct in dismissing the complaint
 Respondents herein have yet to substantiate their claim as the legal heirs of
Anacleto Cabrera
 Nothing in the records show that a special proceedings was instituted to have
respondents declared as heirs of Anacleto Cabrera

RULING:

IN VIEW WHEREOF, the petition is GRANTED. The decision of the Court of Appeals is
hereby REVERSED and the decision of the Regional Trial Court dated June 29, 2000 DISMISSING the
complaint is REINSTATED.