Gonzales v. Court of Appeals

G.R. No. 117740 · 1998-10-30 · J. ROMERO, J.: · Primary: Civil; Secondary: Remedial
REITERATION

Facts

The Antecedents: Petitioners Carolina Abad Gonzales, Dolores de Mesa Abad, and Cesar de Mesa Tioseco initiated proceedings for the settlement of the intestate estate of their brother, Ricardo de Mesa Abad, claiming he died a bachelor with no descendants or ascendants. They later amended their petition, alleging that certain real properties were administered by Ricardo but owned by their mother, Lucila de Mesa. Petitioners executed an extrajudicial settlement of Lucila de Mesa's estate, leading to the cancellation of Torrens Titles (TCT Nos. 13530, 53671, 64021) in Ricardo Abad's name and the issuance of new titles in their names. These properties were subsequently mortgaged. Procedural History: Private respondents Honoria Empaynado and her daughters Cecilia and Marian Abad, along with Rosemarie Abad, filed a motion to set aside proceedings, alleging they were Ricardo Abad's common-law wife and children, and that petitioners concealed their existence to deprive them of their inheritance. The trial court allowed private respondents to participate and later, after trial, declared Cecilia, Marian, and Rosemarie as acknowledged natural children and sole legal heirs of Ricardo Abad. The court also declared the extra-judicial partition of Lucila de Mesa's estate void, annulled the substituted TCTs and mortgages, and ordered the restoration of titles in Ricardo Abad's name. Petitioners' appeals were repeatedly dismissed for being filed out of time. After several certiorari and mandamus proceedings, the Supreme Court directed the trial court to give due course to petitioners' appeals. The Court of Appeals affirmed the trial court's decisions. Petitioners then filed the present petition for certiorari with the Supreme Court. The Petition: Petitioners sought to annul the Court of Appeals' decision, primarily arguing that the respondents Cecilia, Marian, and Rosemarie Abad were not the acknowledged natural children of Ricardo Abad, and that they were entitled to the estate regardless of whether it belonged to Ricardo or their mother, Lucila de Mesa.

Issue(s)

Whether respondents Cecilia E. Abad, Marian E. Abad, and Rosemarie S. Abad are the acknowledged natural children of the deceased Ricardo de Mesa Abad. Whether the properties in question belong to Ricardo Abad or his mother, Lucila de Mesa. Whether the extra-judicial settlement of the estate of Lucila de Mesa and the subsequent transfer of titles and mortgages were valid. Whether the appeals filed by petitioners Dolores de Mesa Abad and Cesar de Mesa Tioseco were timely filed.

Ruling

The Supreme Court denied the petition for certiorari, affirming the decision of the Court of Appeals. The Court upheld the declaration of private respondents as acknowledged natural children and sole heirs of Ricardo Abad, and the annulment of the extra-judicial partition and subsequent transfers of title. The Court also modified the Court of Appeals' decision by setting aside the denial of the appeal of Dolores de Mesa Abad and Cesar de Mesa Tioseco on the ground of being filed out of time, referencing a prior Supreme Court ruling.

Ratio Decidendi

On the filiation of Cecilia, Marian, and Rosemarie Abad: The Court reiterated the rule that factual findings of the trial court, adopted and confirmed by the Court of Appeals, are final and conclusive and may not be reviewed on appeal, unless there are circumstances of weight and influence that were overlooked or misinterpreted. Petitioners failed to present conclusive evidence to overturn these findings. Their evidence regarding the death of Jose Libunao, Honoria Empaynado's first husband, was not definitive, as enrollment forms did not necessarily indicate a parent's death, and affidavits were secondary evidence. Furthermore, the death certificate presented pertained to a different Jose Libunao. The affidavit of Ricardo Abad's physician regarding his sterility was deemed inadmissible due to the physician-patient privilege, as the disclosure of contracting gonorrhea would blacken the patient's reputation. Conversely, private respondents presented overwhelming evidence, including income tax returns, insurance policies, and trust fund accounts, where Ricardo Abad consistently declared Honoria Empaynado as his wife and Cecilia, Marian, and Rosemarie as his dependent children, establishing their status as acknowledged natural children. The Court applied Articles 988 and 1003 of the Civil Code. Article 988 states that in the absence of legitimate descendants or ascendants, illegitimate children shall succeed to the entire estate. Article 1003 provides that collateral relatives succeed only in the absence of legitimate descendants, ascendants, or illegitimate children, or a surviving spouse. Since private respondents were declared the acknowledged natural children of Ricardo Abad, they were entitled to the entire estate, excluding the collateral relatives (petitioners). On the ownership of the properties: The Court affirmed the findings of the lower courts that the properties in question belonged to Ricardo Abad, not his mother Lucila de Mesa. The Court emphasized that factual findings of the trial court, which had the opportunity to examine real evidence and observe witness demeanor, are entitled to great weight and should not be disturbed on appeal. Petitioners' claim that they were entitled to the estate regardless of ownership was rendered moot by the determination of Ricardo Abad's heirs. On the validity of the extra-judicial partition and subsequent transfers: Given that the properties were determined to be owned by Ricardo Abad and that private respondents were his sole heirs, the extra-judicial partition of Lucila de Mesa's estate, which included these properties, was correctly declared void. Consequently, the cancellation of TCTs in Ricardo Abad's name and the issuance of new titles to petitioners, as well as the real estate mortgages constituted by them, were also declared void and ordered to be cancelled and restored to Ricardo Abad's name. On the timeliness of the appeals of Dolores de Mesa Abad and Cesar de Mesa Tioseco: The Court noted an error in the Court of Appeals' affirmation of the trial court's denial of the appeal of Dolores de Mesa Abad and Cesar de Mesa Tioseco on the ground of being filed out of time. The Supreme Court itself had previously ruled in G.R. No. 71777 on July 9, 1985, that these appeals were not filed out of time. Therefore, this specific affirmance by the Court of Appeals was set aside, recognizing the prior Supreme Court ruling.

Main Doctrine

The Court affirmed the findings of the Court of Appeals and the trial court, upholding the declaration of private respondents as acknowledged natural children of the deceased Ricardo Abad and their entitlement to his entire estate, to the exclusion of collateral relatives. The Court also affirmed the annulment of the extrajudicial partition of the estate of Lucila de Mesa and the cancellation of titles issued pursuant thereto, finding that the properties in question belonged to Ricardo Abad. The Court also clarified a procedural point regarding the timeliness of an appeal.

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