Pedrosa Vs CA

PEDROSA, vs. THE HON.
COURT OF APPEALS
G.R. No. 118680. March 5, 2001
FACTS
Miguel Rodriguez died intestate survived by his wife Rosalina and their legally
adopted daughter Maria Pedrosa, the petitioner. Rosalina and Maria entered into an
extra judicial settlement of his estate.
The other Private respondents, the
Rodriguezes, however filed an action an action to annul Marias adoption which the
CFI upheld. It was also appealed to the Court of Appeals which also upheld the
adoption as legal.
In the meantime, Pilar, the sister of Miguel also passed away with no other
heirs but her brothers and sisters, the private respondents. Who then entered into
an extrajudicial settlement with respondent Rosalina for the partition of the estate
of Miguel and of his sister, Pilar. Rosalina acted as the representative of the heirs of
Miguel Rodriguez. The Deed of Extrajudicial Settlement and Partition covered
fourteen parcels of land covering a total area of 224,883 square meters. These
properties were divided among Jose, Carmen, Mercedes, Ramon and the heirs of
Miguel, represented solely by Rosalina. Armed with the Deed of Extrajudicial
Settlement and Partition, respondents Rodriguezes were able to secure new Transfer
Certificates of Title (TCTs) and were able to transfer some parcels to the other
respondents herein.
Petitioner Maria tried to claim their share of the properties and after being
unable to do so, filed a complaint to annul the partition. Her complaint was
dismissed by the RTC and on appeal was also dismissed by the CA.
ISSUES
(1) whether or not the complaint for annulment of the Deed of Extrajudicial
Settlement and Partition had already prescribed;
(2) whether or not said deed is valid;
(3) whether or not the petitioner is entitled to recover the lots which had
already been transferred to the respondent buyers.
RULING
1. No. The complaint for the annulment has not prescribed
Section 4, Rule 74] provides for a two year prescriptive period (1) to persons who
have participated or taken part or had notice of the extrajudicial partition, and in
addition (2) when the provisions of Section 1of Rule 74 have been strictly complied
with, i.e., that all the persons or heirs of the decedent have taken part in the
extrajudicial settlement or are represented by themselves or through guardians.
Petitioner, as the records confirm, did not participate in the extrajudicial
partition. So the two-year prescriptive period is not applicable in her case. The
applicable prescriptive period here is four (4) years as provided in Gerona vs. De
Guzman, 11 SCRA 153 (1964), which held that:
[The action to annul] a deed of extrajudicial settlement upon the ground of
fraud...may be filed within four years from the discovery of the fraud. Such
discovery is deemed to have taken place when said instrument was filed with the
Register of Deeds and new certificates of title were issued in the name of
respondents exclusively.
It is clear that Section 1 of Rule 74 does not apply to the partition in question
which was null and void as far as the plaintiffs were concerned. The rule covers
only valid partitions. The partition in the present case was invalid because it
excluded six of the nine heirs who were entitled to equal shares in the partitioned
property. Under the rule, no extrajudicial settlement shall be binding upon any
person who has not participated therein or had no notice thereof. As the partition
was a total nullity and did not affect the excluded heirs, it was not correct for the
trial court to hold that their right to challenge the partition had prescribed after two
years from its execution in 1941
2. No. The deed of partition is not valid.
No extrajudicial settlement shall be binding upon any person who has not
participated therein or had no notice thereof.
Under Rule 74, without the participation of all persons involved in the
proceedings, the extrajudicial settlement cannot be binding on said persons. The
rule contemplates a notice which must be sent out or issued before the Deed of
Settlement and/or Partition is agreed upon, i.e., a notice calling all interested parties
to participate in the said deed of extrajudicial settlement and partition,
not after, which was when publication was done in the instant case. Following Rule
74 and the ruling in Beltran vs. Ayson, since Maria Elena did not participate in the
said partition, the settlement is not binding on her.
The provision of Section 4, Rule 74 will also not apply when the deed of
extrajudicial partition is sought to be annulled on the ground of fraud. A deed of
extrajudicial partition executed without including some of the heirs, who had no
knowledge of and consent to the same, is fraudulent and vicious. Maria Elena is an
heir of Miguel together with her adopting mother, Rosalina. Being the lone
descendant of Miguel, she excludes the collateral relatives of Miguel from
participating in his estate, following the provisions of Article 1003 of the Civil Code
3. The court ruled that this is not the proper forum to decide this issue.
The properties sought to be recovered by the petitioner are now all registered
under the name of third parties. Well settled is the doctrine that a Torrens
Title cannot be collaterally attacked. The validity of the title can only be raised in
an action expressly instituted for such purpose.

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PEDROSA, vs. THE HON.

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