Ismael Reyes
Ismael Reyes
Facts. - The spouses Ismael and Felisa Reyes owned two parcels of land (Lot
A and Lot B) collectively referred to as the Arayat properties located in Arayat,
Cubao, Quezon City.
In 1973, Ismael died intestate. He was survived by his wife Felisa, his children Oscar
Reyes, Cesar Reyes, and five other children. Before his death however, Lot A was
forfeited in favor of the government due to his failure to pay the tax.
In 1982, Lot B was also forfeited again in favor of the government due to Felisa’s
failure to pay taxes. In 1986, Oscar was again able to redeem Lot B.
The probate court however allowed the petition of Cesar and approved the inclusion
of the Arayat properties into the estate of Ismael.
The foregoing rule however provides for an exception, that is: if the claimant and all
other parties having legal interest in the property consent, expressly or impliedly, to
the submission of the question to the Probate Court for adjudgment, or the interests
of third persons are not thereby prejudiced. In this case, not all parties, not all heirs,
gave their consent to the probate court.
Doctrines learned. – (1) The jurisdiction of the probate court merely relates
to matters having to do with the settlement of the estate and the probate of wills of
deceased persons, and the appointment and removal of administrators, executors,
guardians and trustees.
(2) the Regional Trial Court acting as a probate court exercises but limited
jurisdiction, thus it has no power to take cognizance of and determine the issue of
title to property claimed by a third person adversely to the decedent, unless the
claimant and all other parties having legal interest in the property consent.