CMM DIGEST

Natcher vs CA October 2, 2001 Civil Action vs Special Proceeding

(Civil Procedure)

Plaintiff: Natcher Defendant: CA Ponente: Buena FACTS: Sps Graciano & Graciana owned a parcel of land. Graciana died. Graciano and 6 children: entered into extrajudicial settlement of Gracianas estate. They divided the property among themselves. Graciano donated a portion of his interest to his children. Of the part that remained, he sold and kept the other . Graciano married Natcher Graciano sold to Natcher his remaining share in the land. Graciano died. RTC Manila: complaint filed by 6 children in the first marriage Allegation (of children): Natcher through fraud, misrepresentation and forgery acquired their fathers land. It was a fraudulent deed of sale. Defense (of Natcher): Graciano already distributed his properties to his children in advance when he was still alive. RTC: Deed of sale is NULL and VOID for being prohibited by law (spouses may not sell property to each other unless theres separation of property). Deed of sale may be regarded as an advance inheritance of Natcher. CA: RTC went beyond its jurisdiction when it performed acts proper only in special proceeding in regarding that the property is an advance inheritance. It shouldve acted only on the issue of the validity of sale. SC: via petition for Certiorari (R 45) ISSUE: WON RTC exceeded its jurisdiction in ruling that the deed of sale may be regarded as an advance inheritance of Natcher. HELD: YES. RATIO: Sec 3, Rule 1 of 1997 Rules of CivPro: Civil Action: one by which a party sues another for the enforcement/protection of a right or the prevention/redress of a wrong. Special Proceeding: remedy by which a pert seeks to establish a status, right or a particular fact. Action: formal demand of ones right in a court of justice in the manner prescribed by law. Special Proceeding: generally, no formal pleadings required (unless statute expressly provide); remedy granted upon application/motion; without summons and special pleadings. 2 kinds of actions in this case: CIVIL: Action for reconveyance & annulment of title. SPEC PRO: Settlement of estate of a deceased person such as advancement of property made by decedent. must be with court having jurisdiction over estate proceedings.

CMM DIGEST

Natcher vs CA October 2, 2001 Civil Action vs Special Proceeding

(Civil Procedure)

RTC, acting in its general jurisdiction, and not as a probate court, is devoid of authority resolve issue of advancement of real property. Nonetheless, whether a particular matter should be resolved by RTC in the exercise of general or probate jurisdiction is not a jurisdictional issue but a mere question of procedure which may be waived. However, in this case, there is no waiver on the part of the children. The reverse is also true: a probate court, in exercise of limited jurisdiction, can decide cases questions falling under its general jurisdiction provided that: 1. Parties consent 2. Rights of third parties are not impaired. JUDGMENT: CA affirmed.