Pio Barretto Realty Development
Pio Barretto Realty Development
,
petitioner, vs. THE HON. COURT OF APPEALS
(SIXTH DIVISION) and HONOR MOSLARES,
respondents. G.R. No. L-62431-33 August 31,
1984
FACTS:
Nicolai Drepin died testate on August 23, 1972.
He left behind three (3) parcels of titled land. Since the
filing of the petition for probate of the Drepins will nine
(9) offers had been made for the purchase of the
Drepin lands, among them, that of GM Management
Phils through its President Honor P. Moslares. Moslares
alleged that on October 9, 1970, Drepin executed a
deed of sale with mortgage executed by the decedent
in his favor. He also alleged that on June 25, 1971,
Drepin and Moslares entered into a "Joint Venture
Agreement" where it was agreed that Drepin shall be
the registered "owner" of the lots and denominated
Moslares as "developer" tasked with converting the
lands into a residential subdivision.
But
before
the
agreement
could
be
implemented, Nicolai Drepin died. Upon learning of the
existence of Special Proceedings, Moslares informed
the Judicial Administrator that he is already the owner
of the properties made subject matter of the Special
Proceedings and proposed that he be permitted to pay
the balance on the sale with mortgage in accordance
with the terms of his written proposal.
On September 25,1979, with the courts
permission, a Deed of Undertaking was entered into by
respondent Moslares and the Administrator to
implement the Contract of Sale with Mortgage. Such
deed provided for the mode of payment which
Moslares was to follow. Moslares failed to pay as
agreed. Thus, the administrator reported the matter to
the probate court which approved the sale of the
property to Pio Barretto Realty, Inc. The deed of sale
was duly registered. Mosrales filed a motion for
reconsideration, but the same was not acted by the
probate court.
Under the theory of Moslares, it is insisted that
the probate court has no authority to cancel his
unfulfilled offer to buy, notwithstanding the fact that he
failed miserably to comply with the terms of his own
offer to buy. On May 18, 1981, Pio Barreto Realty filed
Civil Case No. 41287 before the CFI of Rizal to
determine title and ownership over the Drepin lands. A
petition for certiorari was filed by respondent Moslares
before the Court of Appeals.
Issues:
1. Can the Court of Appeals act upon the issue
of exclusion of properties in the estate when it is not
passed upon by the court a quo?
2. Can the probate court order the execution of
the deed of sale with Pio Barreto?
Held:
As to the first issue: No. The question of
whether the properties sold by Drepin to Petitioner
should be excluded from the probate proceedings
below, can not be determined with finality by the
Supreme Court in this case, because in this petition We
are merely reviewing the acts of the respondent CFI as
a probate court. Any ruling by the probate court to
include those properties "is only provisional in
character and is without prejudice to a judgment in a
RULING:
1) Petitioners' present action for recovery of
possession and ownership is appropriately filed
because as a general rule, a probate court can only
pass upon questions of title provisionally. Since the
probate, court's findings are not conclusive being
prima facie, a separate proceeding is necessary to
establish the ownership of the five (5) parcels of land.
ISSUES:
1) whether in a settlement proceeding
(testate or intestate) the lower court has jurisdiction to
settle questions of ownership. NO
2) whether res judicata exists as to bar
petitioners' present action for the recovery of
possession and ownership of the five (5) parcels of
land. NO