Rioferio v. CA
G.R. No. 129008. January 13, 2004
On May 13, 1995, Alfonso P. Orfinada, Jr. died without a will in Angeles City
leaving several personal and real properties located in Angeles City, Dagupan City and
Kalookan City.He also left a widow, respondent Esperanza P. Orfinada, whom he
married on July 11, 1960 and with whom he had seven children who are the herein
respondents.
Apart from the respondents, the demise of the decedent left in mourning his
paramour, Teodora Rioferio and their children.
On November 14, 1995, respondents Alfonso James and Lourdes Orfinada,
legitimate children of Alfonso, discovered that on June 29, 1995, petitioner Teodora
Rioferio and her children executed an Extrajudicial Settlement of Estate of a
Deceased Person with Quitclaim involving the properties of the estate of the decedent
located in Dagupan City.
On December 4, 1995, respondents filed a Complaint for the
Annulment/Rescission of Extra Judicial Settlement of Estate of a Deceased Person with
Quitclaim, Real Estate Mortgage and Cancellation of Transfer Certificate of Titles.
Petitioners filed their Answer to the aforesaid complaint interposing the defense that the property subject of the contested deed of extra-judicial settlement pertained to the
properties originally belonging to the parents of Teodora Riofero and that the titles
thereof were delivered to her as an advance inheritance but the decedent had managed
to register them in his name.
ISSUE: Whether or not the heirs have legal standing to prosecute the rights belonging
to the deceased subsequent to the commencement of the administration proceedings
YES. Pending the filing of administration proceedings, the heirs without doubt
have legal personality to bring suit in behalf of the estate of the decedent in accordance
with the provision of Article 777 of the New Civil Code “that (t)he rights to succession
are transmitted from the moment of the death of the decedent.” The provision in turn is
the foundation of the principle that the property, rights and obligations to the extent and value of the inheritance of a person are transmitted through his death to another or
others by his will or by operation of law.
Even if administration proceedings have already been commenced, the heirs
may still bring the suit if an administrator has not yet been appointed.
The above-quoted rules, while permitting an executor or administrator to
represent or to bring suits on behalf of the deceased, do not prohibit the heirs from
representing the deceased. These rules are easily applicable to cases in which an
administrator has already been appointed. But no rule categorically addresses the
situation in which special proceedings for the settlement of an estate have already been
instituted, yet no administrator has been appointed.
Even if there is an appointed administrator, jurisprudence recognizes two
exceptions,
1. If the executor or administrator is unwilling or refuses to bring suit; and
2. When the administrator is alleged to have participated in the act complained of
and he is made a party defendant
Note: Ma’am pointed out that property fraudulently registered in favor of another (like
when paramour registered a land owned by decedent in her favor) still forms part of the
estate of the decedent.
