Isabel Portugal V Leonila Portugal-Beltran

G.R. No. 155555.
August 16, 2005

ISABEL P. PORTUGAL and JOSE DOUGLAS PORTUGAL JR., Petitioners,
vs.
LEONILA PORTUGAL-BELTRAN, Respondent.
FACTS:
- Jose Portugal married Paz Lazo.

- Subsequently Portugal married petitioner Isabel de la Puerta and she gave birth to Jose Douglas
Portugal Jr., her co-petitioner.
- Meanwhile, Lazo gave birth to respondent Leonila Perpetua Aleli Portugal.,
- Portugal and his 4 siblings executed a Deed of Extrajudicial Partition and Waiver of Rights over
the estate of their father, Mariano Portugal, who died intestate. In the deed, Portugal‘s siblings
waived their rights, interests, and participation over a parcel of land in his favor.
- Lazo died. Portugal also died intestate. Having such situation, Portugal-Beltran executed an
“Affidavit of Adjudication by Sole Heir of Estate of Deceased Person” adjudicating to herself the
parcel of land. The Registry of Deeds then issued the title in her name.
- Puerta and Portugal Jr. filed before the Regional Trial Court (RTC) of Caloocan City a complaint
against Portugal-Beltran for annulment of the Affidavit of Adjudication alleging that she is not
related whatsoever to the deceased Portugal, hence, not entitled to inherit the parcel of land. But
such was dismissed by the RTC for lack of cause of action on the ground that Puerta and
Portugal Jr.‘s status amd right as putative heirs had not been established before a probate court,
and lack of jurisdiction over the case.
- Puerta and Portugal Jr. thereupon appealed to the Court of Appeals which affirmed the RTC‘s
dismissal of the case.
*why was this case cited by Ypon, etc cases?
ISSUE:
- Petitioners, in the main, argue that the appellate court misapplied Heirs of Guido and Isabel
Yaptinchay and in effect encouraged multiplicity of suits which is discouraged by this Court
as a reading of Cariño shows; that Cariño allows courts to pass on the determination of
heirship and the legitimacy or illegitimacy of a child so long as it is necessary to the
determination of the case; and that contrary to the appellate court’s ruling, they had
established their status as compulsory heirs.
- Whether or not Puerta and Portugal Jr. have to institute a special proceeding to determine
their status as heirs before they can pursue the case for annulment of Portugal-Beltran‘s
Affidavit of Adjudication and of the title issued in her name
RULING:
- the petition is hereby GRANTED. The assailed September 24, 2002 Decision of the Court of
Appeals is hereby SET ASIDE
- REMANDED to the trial court
- The common doctrine in Litam, Solivio and Guilas in which the adverse parties are putative
heirs to the estate of a decedent or parties to the special proceedings for its settlement is that
if the special proceedings are pending, or if there are no special proceedings filed but there is,
under the circumstances of the case, a need to file one, then the determination of, among
other issues, heirship should be raised and settled in said special proceedings.
- It appearing, however, that in the present case the only property of the intestate estate of
Portugal is the parcel of land, to still subject it, under the circumstances of the case, to a
special proceeding which could be long, hence, not expeditious, just to establish the status of
Puerta and Portugal Jr. as heirs is not only impractical; it is burdensome to the estate with the
costs and expenses of an administration proceeding. And it is superfluous in light of the fact
that the parties to the civil case-subject of the present case, could and had already in fact
presented evidence before the trial court which assumed jurisdiction over the case upon the
issues it defined during pre-trial.
- In fine, under the circumstances of the present case, there being no compelling reason to still
subject Portugal‘s estate to administration proceedings since a determination of Puerta and
Portugal Jr.‘s status as heirs could be achieved in the civil case filed by Puerta and Portugal
Jr., the trial court should proceed to evaluate the evidence presented by the parties during the
trial and render a decision thereon upon the issues it defined during pre-trial.
If spec proceeding is commenced
Remedy of heir who has not received? In same action of separate action?
- Immediately commence

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G.R. No. 155555.

August 16, 2005

- Jose Portugal married Paz Lazo.

*why was this case cited by Ypon, etc cases?

If spec proceeding is commenced

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