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Probate courts: jurisdiction


The general rule is that the jurisdiction of the trial court, either as a
probate or an intestate court, relates only to matters having to do with
the probate of the will and/or settlement of the estate of deceased
persons, but does not extend to the determination of question of
ownership that arise during the proceeding.
The jurisdiction of a probate extends to matters incidental or collateral
to the settlement and distribution of the state, such as the
determination of the status of each heir and whether the property in
the inventory is conjugal or exclusively property of the deceased
spouse.
Exception; as justified by expediency and convenience.
first, the probate court may provisionally pass upon in an
intestate or a testate proceeding the question of inclusion in, or
exclusion from, the inventory of a piece of property without prejudice
to the final determination of ownership in a separate action.
second, if the interested parties are all hers to the estate, or the
question is one of collation or advancement, or the parties consent to
the assumption of jurisdiction by the probate court is competent to
resolve issues on ownership.
its jurisdiction extends to matters incidental or collateral tot the
settlement and distribution of the estate, such as the determination of
the status of each heir and whether the property in the inventory is
conjugal or exclusively property of the deceased spouse.

Facts
Descendant joaquin left two parcels of land with improvements. during
his lifetime he contracted two marriages. the first wife is lucia who died
at 1924 with three children namely, jesus, milagros and jose. the
second wife is carded, with three children, eduardo, sebastian and
mercedes.
the son of edwardo or (grandson in second wife) filed petition for
settlement of joaquin;s intestate estate. the RTC issued resolution

appointing eduardo as administrator. issuing order of partition on once


23,2000 which ruled that the blyk of estate property were acquired
during the existence of 2nd marriage, with TCTs titling that joaquin
married to carded.
eduardo, sebastian and opositora joseph and teresa the children of jose
filed their respective motion for reconsiderations.
The RTC denied the motion for reconsideration of eduaro and
sebastians and granted joseph and teresa. declaring that the real
properties belonged to conjugal partnership of joaquin and lucia and
directed the October partition to reflect the anew and correct share of
heirs.
eduardo and sebastian appealed to CA before RTC for petition for
review. the CA dismissed the appeals and affirmed the RTC resolution.
sebastians contention that joesph and teresa failed to establish that
they are legitimate hers of jose, and thus of their grandfather joaquin
and the certificates of title of subject property indicate or titlling
joaquin married to carded which is conclusive proof of ownership,
thus not subject to collateral attack.
on the other hand, eduardo alleged that CA erroneously settled
joaquins estate together with the estates of lucia,jesus, jose,
mercedes, gloria and milagros in one proceeding. they said the estate
of milagros shall not be distributed, since a proceeding was already
conducted in another court for the probate of milagros will, thus
violating the rule on precedence of testate over intestate proceedings.
and also, that the RTC as acting special or limited jurisdiction shall not
determine the questions of ownership which belongs to general
jurisdiction.
issue RTC as intestate court has jurisdiction to resolve ownership of
real properties?
CA settlement of joaquin estate together with the estates of the others
heirs is correct?
legitimacy of joseph and teresa?

eduardos petion granted


sebatian petion denied.
Case remanded to RTC for further settlement of Joaquins estate. RTC
has jurisdiction to resolve ownership of the real properties.
o Gen Rule: Jurisdiction of trial court, either as probate or intestate
court, relates only to matters having to do with probate of will and or
settlement of estate of deceased persons and does not extend to
determination of questions of ownership that arise during the
proceedings.
Exceptions, as justified by expediency and convenience:
Probate court may provisionally pass upon in an intestate or testate
proceeding the question of inclusion or exclusion, from inventory of a
piece of property w/o prejudice to final determination in a separate
action
If interested parties are all heirs or question is one of
collation/advancement or parties consent to the assumption of of
jurisdiction by the court and the rights of 3P are not impaired
Estate is settled and distributed among heirs only after payment of
debts of the estate, funeral charges admin expenses, allowance to th
widow, and inheritance tax. Records show these were not complied
with in 1965.
Sebastian did not present evidence to support averments to exclude
Joseph and Teresa as heirs.
CA disposition related only to the estate of Joaquin.
Sec 1 Rule 90: RTC granted jurisdiction to determine lawful heirs of
Joaquin as well as respective shares in the payment of obligations
The inclusion of Lucia, Jesus, Jose, Mercedes and Gloria was merely a
necessary consequence of the settlement of Joaquins estate, they
being his legal heirs.