Graciano is married to graciana, they have 6 children. They are the owners of a parcel of land with an area of 9,322 SQ in manila. pon the death of Graciana, Graciano together with his 6 children entered into a e!tra"#dicial settlement of the said estate, they divided the said property where a new title was given.
Graciano donated to his children a portion of his interest in the land amo#nting to $,9$9.3% SQ leaving only $$& SQ registered #nder his name as covered 'y a title. S#'se(#ently, his remaining remaining lot has also 'een divided and the other portion was sold to a third person. Gracian Graciano o married married )atcher, )atcher, d#ring d#ring their their marriag marriage, e, Gracian Graciano o sold his remaini remaining ng land to )atcher. Graciano died leaving )atcher and his 6 children as heirs. The *hildren *hildren of Graciano Graciano +led a complaint complaint against against )atcher )atcher stating that that she employed fra#d misrepresentation misrepresentation and forgery, a(#ired the land 'y maing it appear that Graciano e!ec#ted a deed of sale over the said land, in conse(#ence their legitime has 'een impaired. RTC:
-eed of sale is prohi'ited 'y law -S is not a valid donation -S may however 'e an e!tension of advanc inheritance. inheritance.
CA:
/T* do not have "#risdiction, as the 0/1T 0/1T */T has e!cl#sive e!cl#sive "#risdiction to mae a "#st and legal distri'#tion of the estate. /T* was trying an ordinary action, hence the acts performed sho#ld have 'een in a pro'ate co#rt. ISSUE:
45) the /T*, acting as a co#rt of gen. "#risdiction, ad"#dicate matters relating to the settle settlemen mentt of the estate estate of a deceas deceased ed person person 0/ 0/T*7/ T*7/7 78 ) QST QST)S )S S T -)*)T ; 0/0/T8 - 18 T< -*-)T T )8 ; T< </S= HELD:
T< S*, di>erentiated ction S. Special 0roceedings. an action for reconveyance and ann#lment of title with damages is a civil action, whereas matters relating relating to settlement of the estate of a deceased person s#ch as advancement of property made 'y the decedent, partae of the nat#re of a specia speciall proce proceedi eding, ng, which which concom concomita itantl ntly y re(#i re(#ire res s the applic applicati ation on of speci+ speci+c c r#les r#les as provided for in the /#les of *o#rt. The matter in this case case fall w5in the e!cl#sive e!cl#sive "#risdiction "#risdiction of the pro'ate pro'ate co#rt in the e!ercise e!ercise of its limited "#risdiction. "#risdiction. nder Sec 2, /#le 9% of /*, QST)S S T -)*)T - / 77G- T < 1) - 18 T< -*S- T )8 </ 8 1 </- )- -T/)- 18 T< */T <)G ?/S-*T) ; T< STT 0/*-)GS. 4hile it may 'e tr#e that the /#les #sed the word 8 it is nevertheless clear that it contemplates a pro'ate co#rt when it speas of the co#rt having "#risdiction of the estate proceedings. /T* acting in its general "#risdiction is devoid of a#thority to render an ad"#dication and resolve the said iss#e.
