G.R. No. L-47404. April 8, 1941.
AURORA HERNANDEZ, petitioner-appellant, vs. JOSE AUGUSTO IMPERIAL and ANA IMPERIAL, oppositors-appellees.

FACTS

Aurora Hernandez, alleging to be the widow and judicial guardian of the minor children (Edmundo, Eva, Lourdes, Maximo, and Thelma) of the deceased Maximo N. Imperial, filed a petition in the guardianship proceedings (Tutela de los menores) in the Court of First Instance of Albay. Through her lawyer, Ubaldo Arcangel was appointed as curador ad litem for the minors. On January 23, 1939, the court approved a partition of the estate of the deceased, agreed upon by Hernandez and the curador ad litem. Subsequently, Jose Augusto Imperial and Ana Imperial, claiming to be recognized natural children of the deceased, moved for reconsideration. They argued that they were excluded from the partition, that Hernandez had failed to submit an inventory of the estate in the guardianship proceedings until January 6, 1939, that she fraudulently omitted other properties, and that the court lacked jurisdiction to approve a partition of a decedent’s estate in guardianship proceedings. The lower court, finding the motion well-founded, set aside its orders of January 7 and 23, 1939, via its order of January 19, 1940. Hernandez appealed this order.

ISSUE

Whether the lower court erred in setting aside its orders of January 7 and 23, 1939, which appointed a curador ad litem and approved the partition of the estate in the guardianship proceedings.

RULING

The Supreme Court affirmed the lower court’s order. Guardianship proceedings (Tutela de menores) and partition of a decedent’s estate are distinct matters governed by separate and exclusive provisions of law ( Act No. 190 , the Code of Civil Procedure). The powers of courts in guardianship matters are defined in Chapter XXVII of Act No. 190 , which contains no provision authorizing the court in such proceedings to consider and approve agreements for the partition of a decedent’s estate. Partition of a decedent’s estate requires the prior institution of either testate or intestate proceedings (Chapters XL, XXX, XXXI, XXXII, and XXXIII of Act No. 190 ). For partition of real property, a special action (juicio ad hoc) under Articles 181 to 196 is necessary. Alternatively, a summary partition of inheritance under Articles 596 to 598 (as amended by Act No. 3370 ) is possible, but it requires a separate proceeding, publication of notices, and is subject to conditions such as the estate’s value not exceeding ₱6,000. The partition attempted by Hernandez and her minor children was improper because they sought court approval within a guardianship case without instituting the required partition proceeding, and not all parties were of age. The orders of January 7 and 23, 1939, were null and void from the beginning for lack of jurisdiction and could be challenged at any time. The question of whether Jose Augusto Imperial and Ana Imperial are recognized natural children of the deceased need not be resolved in this appeal but may be determined in the appropriate partition action when duly instituted. The appeal was dismissed, and the appealed order was affirmed, with costs against appellant Hernandez.