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Teresa R. Ignacio V. Ramon Reyes Et. Al. G.R. No. 213192, July 12, 2017 Facts

Teresa Ignacio became the administratrix of her late father's estate in 1994. Between 1994-1997, she executed a lease over properties in Baguio City owned by the estate. Respondent Ramon Reyes and other heirs filed complaints before the Baguio RTC for partition, annulment of the lease, accounting, and damages. The intestate court asserted jurisdiction over the properties. However, the Supreme Court held that the intestate court's jurisdiction is limited to probate matters and does not extend to determining ownership questions. An action for partition under the Rules of Court is premised on the existence of co-ownership. The Baguio RTC had not yet ruled on whether co-ownership exists over the properties

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Christine Rose Bonilla Likigan
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213 views2 pages

Teresa R. Ignacio V. Ramon Reyes Et. Al. G.R. No. 213192, July 12, 2017 Facts

Teresa Ignacio became the administratrix of her late father's estate in 1994. Between 1994-1997, she executed a lease over properties in Baguio City owned by the estate. Respondent Ramon Reyes and other heirs filed complaints before the Baguio RTC for partition, annulment of the lease, accounting, and damages. The intestate court asserted jurisdiction over the properties. However, the Supreme Court held that the intestate court's jurisdiction is limited to probate matters and does not extend to determining ownership questions. An action for partition under the Rules of Court is premised on the existence of co-ownership. The Baguio RTC had not yet ruled on whether co-ownership exists over the properties

Uploaded by

Christine Rose Bonilla Likigan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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TERESA R. IGNACIO v. RAMON REYES et. al.

G.R. No. 213192, July 12, 2017

FACTS:

On August 8, 1994, Petitioner Teresa as one of the surviving heirs of their


late father became the administratrix of the Florencio Sr. estate .

Sometime between 1994 to 1997 Teresa executed a lease contract over the
properties located at Magsaysay Avenue, Session Road and Loakan Road,
Baguio City.

Herein respondent Ramon Reyes and the other surviving heirs filed before
the RTC of Baguio City, Branch 3 three complaints for partition, annulment
of lease contract, accounting and damages with prayer for the issuance of a
writ of preliminary injunction against Teresa and the lessees of the subject
Baguio properties.13

The Baguio RTC manifested that it shall await a Request Order from the
intestate court regarding the possible distribution of the subject properties.18

Subsequently, respondents filed a motion19 before the intestate court


praying for the issuance of an order allowing the distribution of the heirs'
and partition of the co-owned properties by the Baguio RTC which However
was denied on the ground that the intestate court already has jurisdiction
over the matter.

Respondents' motion for reconsideration was also denied, considering the


pendency before this court involving the distribution and proposed partition
of Baguio properties

However, the CA granted the petition ordering the RTC Baguio City the
partition and distribution of shares over properties Co-Owned by the Estate
and the Heirs [l]ocated in Baguio City.

Hence, this petition for review on certiorari filed by petitioner.

Issue: Whether or not the denial of partition of respondents’ co-owned


properties on the ground that the intestate court has jurisdiction over the
matter is proper.

Held: No. The intestate court committed grave abuse of discretion when it
asserted jurisdiction over the subject properties since its jurisdiction relates
only to matters having to do with the settlement of the estate of deceased
persons.

Jurisprudence teaches that jurisdiction of the trial court as an intestate court


is special and limited as it 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 questions of ownership that arise
during the proceedings.

An action for partition under Rule 69 of the Rules of Court is typically


brought by a person claiming to be the owner of a specified property against
a defendant or defendants whom the plaintiff recognizes to be his co-
owners,39 and is premised on the existence or non-existence of co-ownership

The first stage of an action for judicial partition and/or accounting is


concerned with the determination of whether or not a co-ownership in fact
exists and a partition is proper.

Any decision that the intestate court would render on the title of the
properties would at best be merely provisional in character, and would yield
to a final determination in a separate action.

In this regard, the Baguio RTC has not yet made a definite ruling on the
existence of co-ownership. There was no declaration of entitlement to the
desired partition either because a co-ownership exists or a partition is not
legally prohibited.

Thus, the petition for review on certiorari is DENIED..

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