Ramon Ching and Po Wing Corp v. Rodriguez, et al.

G.R. No. 192828

November 28, 2011
On the matter of Civil action v. Special Proceedings (III.A.4)
Ponente: Justice Reyes

Relevant Facts:
Respondents prayed for the following in their complaint: a TRO be
issued restraining the defendant Ramon Ching from disposing any
property that belongs to the estate of the deceased Antonio Ching;
declaring that the defendant Ramon Ching who murdered his father
Antonio Ching disqualified from inheriting the estate of his father;
declaring the nullity of the transfer of the 6 parcels of land from the
name of ANTONIO CHING to Ramon Ching; Declaring the nullity of the
AGREEMENT and WAIVER executed by plaintiffs in favor of RAMON
CHING for being illegal; Declaring the nullity of the transfer of the
shares of stocks at PO WING from the names of ANTONIO CHING and
LUCINA SANTOS to the defendant ANTONIO CHING's name for having
been illegally procured through falsification; Declaring the nullity of the
AFFIDAVIT OF SETTLEMENT OF ESTATE executed by RAMON CHING for
being contrary to law and existing jurisprudence; Declaring the nullity
of the DEED OF SALES executed by RAMON CHING over 2 parcels of
land for having illegally procured the ownership and titles of the above
properties; and the respondents be declared as the rightful owners of
the CPPA which was originally issued by PhilBank to Antonio, though
not sufficiently established if there was a will. The petitioners filed a
Motion to Dismiss on the alleged ground of the RTC's lack of jurisdiction
as an ordinary court over the subject matter of the Complaint since it
sought the release of the CPPA to the respondents, the latter's
declaration as heirs of Antonio, and the propriety of Ramon's
disinheritance, the suit partakes of the nature of a special proceeding
and not an ordinary action for declaration of nullity. The RTC and the
CA denied the motion to dismiss and petition for certiorari respectively.
Issue: Whether the complaint can only be resolved in a special
proceeding and not in an ordinary civil action.

Ruling: Petition is denied.

Ratio Decidendi:
A special proceeding is a remedy by which a party seeks to
establish a status, a right, or a particular fact. It is distinguished from an
ordinary civil action where a party sues another for the enforcement or
protection of a right, or the prevention or redress of a wrong. To
initiate a special proceeding, a petition and not a complaint should be
filed. Under Article 916 of the NCC, disinheritance can be effected only
through a will wherein the legal cause therefor shall be specified. No
will or any instrument supposedly effecting the disposition of Antonio's
estate was ever mentioned. The nullification of the documents could be
achieved in an ordinary civil action, which was instituted to protect the
respondents from the supposedly fraudulent acts of Ramon.