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F: 1 decedent who married twice. His daughter with first wife who also died already
made an affidavit of adjudication by the sole heir and was able to acquire a TCT in her
name over the sole property of the estate. The son and the second wife filed an
ORDINARY ACTION For annulment of the affidavit and the TCT, arguing that the
daughter perjured her affidavit. During pre-trial conference, one of the issues presented
was with regards which of the marriages were valid and who were the heirs of the
deceased. Evidence were presented before the TC but TC dismissed the action on the
ground of lack of COA (no determination yet of the rights of the second family as heirs)
and lack of jurisdiction (a TC in an ordinary civil action cannot rule on the issue of
determination of heirship). CA affirmed TC judgment.
H: GR is that a TC in the ordinary action does not have jurisdiction to determine the issue
of heirship, which must be determined in a special proceeding for the settlement of the
estate of the deceased. However, exceptional cases, under which this case falls, would
exist where the court would still allow the TC to determine heirship issue.
THE DETERMINATION OF WHO ARE THE LEGAL HEIRS OF THE DECEASED MUST BE MADE IN
THE PROPER SPECIAL PROCEEDINGS IN COURT, AND NOT IN AN ORDINARY SUIT FOR
RECOVERY OF OWNERSHIP AND POSSESSION OF PROPERTY.
This must take precedence over the action for recovery of possession and ownership.
The High Court has consistently ruled that the trial court cannot make a declaration of
heirship in the civil action for the reason that such a declaration can only be made in a
special proceeding. However, the Supreme Court is not unmindful of its decision in
Portugal vs. Portugal-Beltran, G.R. No. 155555, [2005] where the Court relaxed its rule
and allowed the trial court in a proceeding for annulment of title to determine the
status of the party therein as heirs. (HEIRS OF TEOFILO GABATAN VS. COURT OF APPEALS
[2009]).