G.R. No. L-6636; August 2, 1954
DAMASO CABUYAO, plaintiff-appellant, vs. DOMINGO CAAGBAY, ET AL., defendants-appellees.

FACTS

Plaintiff-appellant Damaso Cabuyao filed a complaint alleging he is the “lone compulsory heir” of the spouses Prudencio Cabuyao and Dominga Caagbay, who died leaving eleven parcels of land. He had adjudicated the properties to himself via an affidavit under Section 1, Rule 74 of the Rules of Court. However, transfer certificates of title could not be issued because the owner’s duplicate certificates were withheld by defendants Domingo Caagbay and Eugenio Caagbay (later amended to include other Caagbay relatives), who also took possession of the lands. The original complaint was titled “Unlawful Entry and Detainer.” The court required an amended complaint specifying when defendants seized the properties and their grounds. Plaintiff filed amended complaints, ultimately alleging he acquired the lands by inheritance from his parents, who died in 1919 and 1944, and that defendants, who are nephews, nieces, and a brother of Dominga Caagbay, took possession upon her death, enjoying fruits and rents totaling P4,000. Plaintiff prayed for a writ of preliminary injunction, removal of clouds on title, restitution of property, damages, surrender of titles, and cancellation/reissuance of certificates. Defendants moved to dismiss, arguing plaintiff lacked legal capacity to sue because there was no allegation he had been judicially declared the lone compulsory heir. The Court of First Instance dismissed the case, holding no action could be maintained until a judicial declaration of heirship was secured. Plaintiff moved for reconsideration and to admit a second amended complaint, attaching his affidavit of extrajudicial adjudication and supporting documents (death and baptismal certificates). The court denied the motion, reiterating that plaintiff and defendants were alleged heirs of the same decedents without a judicial declaration of heirship.

ISSUE

Whether plaintiff has a cause of action to recover the properties and quiet title without a prior judicial declaration of heirship.

RULING

Yes. The Supreme Court reversed the order of dismissal. Under Section 1, Rule 74 of the Rules of Court, if a decedent left no debts and the heirs are all of age, a sole heir may adjudicate the estate to himself by affidavit filed with the register of deeds. The allegations (deemed true for appeal) show plaintiff is the sole legitimate child of the deceased spouses, both deceased for over two years with no creditor petition for administration, presuming no debts. The Spanish Civil Code (Arts. 657, 661) provides that rights to succession are transmitted from the moment of death, and heirs succeed to all rights and obligations by operation of law. Established jurisprudence holds that heirs of age may maintain an action arising from a right of their ancestor without a prior judicial declaration of heirship. The court cited numerous cases (e.g., Mijares vs. Nery, Quison vs. Salud, Lubrico vs. Arbado, Hernandez vs. Padua) affirming that title passes immediately to heirs upon death, and they can sue to recover property. Thus, plaintiff’s extrajudicial adjudication sufficed, and he had a cause of action. The record was remanded for further proceedings.