G.R. No. 204029 , June 4, 2014.
AVELINA ABARIENTOS REBUSQUILLO [substituted by her heirs, except Emelinda R. Gualvez] and SALVADOR A. OROSCO, Petitioners, vs. SPS. DOMINGO and EMELINDA REBUSQUILLO GUALVEZ and the CITY ASSESSOR OF LEGAZPI CITY, Respondents.

FACTS

Petitioners Avelina Abarientos Rebusquillo (Avelina) and Salvador Orosco (Salvador) filed a Complaint for annulment and revocation of an Affidavit of Self-Adjudication dated December 4, 2001 and a Deed of Absolute Sale dated February 6, 2002. Avelina was one of the children of spouses Eulalio Abarientos and Victoria Villareal, who died intestate in 1964 and 1983, respectively. Eulalio was survived by his wife and seven children, including Avelina and Fortunata Abarientos-Orosco (Salvador’s mother). He left an untitled parcel of land in Legazpi City. In 2001, Avelina was made to sign the two documents by her daughter and son-in-law, respondents Emelinda and Domingo Gualvez, on the pretext that they were needed to facilitate the titling of the lot. Avelina claimed she only realized in 2003 that she had signed an Affidavit of Self-Adjudication (declaring herself the sole heir) and a Deed of Absolute Sale in favor of the respondents. In their Answer, respondents admitted the execution was intended to facilitate titling, agreeing that the tax declaration would be transferred to them to bear the costs, subject to reimbursement, and that all heirs would be given their shares, with Avelina receiving an advance of ₱50,000. The Regional Trial Court (RTC) annulled the documents, finding Avelina was not the sole heir and the sale was not intended. The Court of Appeals (CA) reversed the RTC, holding that heirship must be determined in a special proceeding and that the notarized Deed of Sale enjoyed a presumption of regularity. Pending appeal, Avelina died, substituted by her heirs except respondent Emelinda.

ISSUE

Whether the RTC correctly annulled the Affidavit of Self-Adjudication and the Deed of Absolute Sale despite the general rule that declaration of heirship should be made in a special proceeding.

RULING

Yes, the Supreme Court reinstated the RTC Decision. While the declaration of heirship is generally made in a special proceeding, exceptions are allowed when it is more practical and expeditious to resolve the issue in an ordinary civil action. Citing Portugal v. Portugal-Beltran, the Court held that where the only property of the estate is a single parcel of land, subjecting it to a separate administration proceeding is impractical and burdensome, especially when the parties have already presented evidence on heirship and the trial court has rendered judgment on the issues defined during pre-trial. In this case, the respondents admitted during pre-trial that Avelina was not the sole heir and that Salvador was a co-owner/possessor. Thus, a special proceeding was unnecessary. The Affidavit of Self-Adjudication was void because Avelina was not the sole heir. The Deed of Absolute Sale was also void as it was executed merely to facilitate titling, without any real intention to sell, constituting an absolute simulation of a contract. The Court ordered the annulment of the documents, cancellation of the tax declaration in the respondents’ name, reinstatement of the original tax declaration, and restitution of the ₱50,000 by Avelina’s heirs to the respondents.