Professional Documents
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Upon learning of the existence of Special Proceedings, Moslares informed the Judicial As to the Second Issue:
Administrator that he is already the owner of the properties made subject matter of the
Special Proceedings and proposed that he be permitted to pay the balance on the
Yes. Actions of the probate court, in the case at bar, do not refer to the adjudication of
sale with mortgage in accordance with the terms of his written proposal. On
rights under the contract entered into by the deceased during his lifetime. It is to be
September 25,1979, with the court’s permission, a Deed of Undertaking was entered
noted that the dealings of the respondent with the court arose out of the latter's bid to
into by respondent Moslares and the Administrator to implement the Contract of Sale
sell property under its authority to sell, mortgage or otherwise encumber property of
with Mortgage. Such deed provided for the mode of payment which Moslares was to
the estate to pay or settle against the estate. Thus, by estoppel, respondent bound
follow.
himself under an agreement with the court separate and distinct from that which he
had with the decedent. In rescinding such contract, the court merely seeks to enforce
Moslares failed to pay as agreed. Thus, the administrator reported the matter to the its right to put an end to an agreement which had ceased to be a working proposition.
probate court which approved the sale of the property to Pio Barretto Realty, Inc. The Surely, this is well within the power of the probate court.
deed of sale was duly registered. Mosrales filed a motion for reconsideration, but the
same was not acted by the probate court. Under the theory of Moslares, it is
We cannot allow an absurd situation to arise where the Drepin estate will never be
insisted that the probate court has no authority to cancel his unfulfilled offer to buy,
settled and liquidated because even if Moslares cannot pay the agreed purchase price
notwithstanding the fact that he failed miserably to comply with the terms of his own
of the Drepin lands, still the probate court can no longer sell the lands to other
offer to buy. On May 18, 1981, Pio Barreto Realty filed Civil Case No. 41287 before
prospective buyers. It is also to be emphasized that it was not respondent's contract of
the CFI of Rizal to determine title and ownership over the Drepin lands.
sale with decedent that had been invalidated but rather the administrator's authority to
sell to respondent.
A petition for certiorari was filed by respondent Moslares before the Court of Appeals.
Moreover, the respondent is not without remedy if truly his claim of ownership is
Issues: Can the Court of Appeals act upon the issue of exclusion of properties in the proper and meritorious. Since the probate court has no jurisdiction over the question
estate when it is not passed upon by the court a quo? Can the probate court order the of title and ownership of the properties, the respondents may bring a separate action if
execution of the deed of sale with Pio Barreto? they wish to question the petitioner's titles and ownership
Held: