VARGAS that the Extra Judicial Settlement Among Heirs and the
Extra Judicial Settlement Among Heirs with Sale were
RULE: Section 1 of Rule 74 (Extrajudicial Settlement null and void and had no legal and binding effect on
By Agreement Between Heirs) them.
VENUE: MTC of Virac, Catanduanes MTC decided in favor of the petitioner. The
MTC upheld the sale to petitioner because the
transaction purportedly occurred after the partition of the
FACTS: property among the co-owner heirs thus the other heirs
could validly dispose of their respective shares. The
A parcel of residential land with an area of 99 failure to give written notice of sale was also cured by
square meters located in San Juan, Virac, Catanduanes respondents’ actual knowledge of the sale more than 30
was left behind by the late Paulina Vargas. days before the filing of the complaint. RTC affirmed
MTC’s decision.
A notarized Extrajudicial Settlement Among
Heirs was executed by and among Paulina’s heirs, CA reversed both rulings and declared the two
namely Ester Vargas, Visitacion Vargas, Juan Vargas, documents void and without any legal effect pursuant to
Zenaida V. Matienzo, Rosario V. Forteza, Andres Section 1, Rule 74. The extrajudicial settlement made by
Vargas, Gloria Vargas, Antonina Vargas and Florentino the other co-heirs is not binding upon respondents
Vargas, partitioning and adjudicating unto themselves a considering the latter never participated in it nor did they
share of 11 square meters each. However, Florentino, ever signify their consent to the same.
Andres, Antonina and Gloria didn’t sign the document.
The Settlement was published in the Catanduanes
Tribune for three consecutive weeks.
ISSUE:
An Extrajudicial Settlement Among Heirs with
Sale was again executed by the same heirs with only WON the Settlement is binding upon
Ester, Visitacion, Juan, Zenaida and Rosario signing it. respondents.
Their respective shares totaling 55 sq. m. were sold to
petitioner Joseph Cua.
Petition is denied.