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Cp-Treyes vs. Larlar
Cp-Treyes vs. Larlar
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.
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
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:
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.