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  • Cp-Treyes vs. Larlar

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    Rosalia L. Completano Lpt
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    This case involves a dispute over 14 properties owned by Rosie Larlar Treyes before she passed away without a will. Her husband, petitioner Treyes, executed affidavits to transfer the properties to himself as sole heir. However, Rosie's siblings, the private respondents, argued they were the legal heirs and filed a complaint seeking to annul the affidavits and have the properties reconveyed. The RTC and CA both ruled in favor of the private respondents. The Supreme Court affirmed, finding that the private respondents did not need to first establish their status as legal heirs in a separate proceeding, as their complaint was an ordinary civil action within the jurisdiction of the RTC.

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    12. CP-TREYES VS. LARLAR

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    This case involves a dispute over 14 properties owned by Rosie Larlar Treyes before she passed away without a will. Her husband, petitioner Treyes, executed affidavits to transfer the properties to himself as sole heir. However, Rosie's siblings, the private respondents, argued they were the legal heirs and filed a complaint seeking to annul the affidavits and have the properties reconveyed. The RTC and CA both ruled in favor of the private respondents. The Supreme Court affirmed, finding that the private respondents did not need to first establish their status as legal heirs in a separate proceeding, as their complaint was an ordinary civil action within the jurisdiction of the RTC.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    72 views1 page

    Cp-Treyes vs. Larlar

    Uploaded by

    Rosalia L. Completano Lpt
    This case involves a dispute over 14 properties owned by Rosie Larlar Treyes before she passed away without a will. Her husband, petitioner Treyes, executed affidavits to transfer the properties to himself as sole heir. However, Rosie's siblings, the private respondents, argued they were the legal heirs and filed a complaint seeking to annul the affidavits and have the properties reconveyed. The RTC and CA both ruled in favor of the private respondents. The Supreme Court affirmed, finding that the private respondents did not need to first establish their status as legal heirs in a separate proceeding, as their complaint was an ordinary civil action within the jurisdiction of the RTC.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    12. Treyes vs. Antonio L.

    Larlar

    1. Rosie Larlar Treyes, the wife of petitioner Treyes, passed away without any will and no
    children but had left behind seven siblings. She has 14 real estate properties which she
    owned together with petitioner Treyes as their conjugal properties. Petitioner Treyes
    executed two Affidavits of Self- Adjudication and transferred these estates to him being a
    sole heir. Respondents, being the brothers and sisters of Rosie, are legal heirs of the
    deceased, filed before the RTC for annulment of the Affidavits of Self-Adjudication,
    cancellation of TCTs, reconveyance of ownership and possession, partition, and damages
    against petitioner. (First motion) Petitioner filed a Motion to Dismiss asking for the
    dismissal of the Complaint due to lack of jurisdiction over the person of petitioner
    Treyes. (Second Motion to Dismiss) Petitioner Treyes then filed another Motion to
    Dismiss (1) improper venue; (2) prescription; and (3) lack of jurisdiction over the
    subject matter.

    RTC (AGAINST PETITIONER WIDOWER)

    2. RTC denied for lack of merit petitioner Treyes’ second Motion to Dismiss.
    3. RTC held that it did not acquire jurisdiction over the Complaint’s third cause of action,  i.e.,
    partition:
    Causes of action are:
    (1) the Annulment of the Affidavit of Self Adjudication;
    (2) Reconveyance
    (3) Partition; and
    (4) Damages

    4. Petitioner filed an Omnibus Motion to reconsider the Resolution.


    5. Private respondents filed their Opposition .
    6. RTC denied the Omnibus Motion and directed petitioner Treyes to file his responsive
    pleading within 15 days from receipt of the Order.
    7. Petitioner Treyes then filed before the CA a petition for certiorari.

    CA (AFFIRM RTC- AGAINST PETITIONER WIDOWER)


    8. CA denied petitioner Treyes’ petition for certiorari.
    9. CA affirmed RTC which ruled in favor of private respondents Larlar.
    10. Petitioner filed MOR. Denied. Hence, Petitioner Treyes filed a petition for review
    on certiorari.

    CONTENTION- Since the private respondents have yet to establish in a special proceeding their
    status as legal heirs of Rosie, then the ordinary civil action they instituted must be dismissed for
    lack of jurisdiction.

    ISSUE:

    Is a prior determination of the status as a legal or compulsory heir in a separate special


    proceeding, a prerequisite to an ordinary civil action seeking for the protection and enforcement
    of ownership rights given by the law of succession? NO!!!!

    SC (AFFIRM CA & RTC- AGAINST PETITIONER WIDOWER)

    1. The rule is: unless there is a pending special proceeding for the settlement of the
    decedent’s estate or for the determination of heirship, the compulsory or intestate
    heirs may commence an ordinary civil action to declare the nullity of a deed or
    instrument, and for recovery of property, or any other action in the enforcement of
    their ownership rights acquired by virtue of succession, without the necessity of a prior
    and separate judicial declaration of their status as such.  The ruling of the trial court shall
    only be in relation to the cause of action of the ordinary civil action.

    2. In this case, the complaint primarily seeks to annul petitioner Treyes’ Affidavits of Self-
    Adjudication, which partakes the nature of an ordinary civil action- RTC had jurisdiction.
    3. Petition is DENIED.

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