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    Cua Vs Vargas Digest

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    Colleen Fretzie Laguardia Navarro
    The document summarizes a Supreme Court case regarding an extrajudicial settlement of inheritance involving a parcel of residential land. Five of the nine heirs of the late Paulina Vargas signed an extrajudicial settlement partitioning the land, but four heirs, including respondents, did not sign. The settlement was later published but did not bind the non-signing heirs. The Court held that an extrajudicial settlement requires participation and notice to all interested parties to be binding, which did not occur, so the settlement did not bind the respondents who did not consent or participate.

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    Cua Vs Vargas Digest

    Uploaded by

    Colleen Fretzie Laguardia Navarro
    641 views1 page
    The document summarizes a Supreme Court case regarding an extrajudicial settlement of inheritance involving a parcel of residential land. Five of the nine heirs of the late Paulina Vargas signed an extrajudicial settlement partitioning the land, but four heirs, including respondents, did not sign. The settlement was later published but did not bind the non-signing heirs. The Court held that an extrajudicial settlement requires participation and notice to all interested parties to be binding, which did not occur, so the settlement did not bind the respondents who did not consent or participate.

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    DIGEST

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    Cua vs Vargas Digest

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    The document summarizes a Supreme Court case regarding an extrajudicial settlement of inheritance involving a parcel of residential land. Five of the nine heirs of the late Paulina Vargas signed an extrajudicial settlement partitioning the land, but four heirs, including respondents, did not sign. The settlement was later published but did not bind the non-signing heirs. The Court held that an extrajudicial settlement requires participation and notice to all interested parties to be binding, which did not occur, so the settlement did not bind the respondents who did not consent or participate.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    641 views1 page

    Cua Vs Vargas Digest

    Uploaded by

    Colleen Fretzie Laguardia Navarro
    The document summarizes a Supreme Court case regarding an extrajudicial settlement of inheritance involving a parcel of residential land. Five of the nine heirs of the late Paulina Vargas signed an extrajudicial settlement partitioning the land, but four heirs, including respondents, did not sign. The settlement was later published but did not bind the non-signing heirs. The Court held that an extrajudicial settlement requires participation and notice to all interested parties to be binding, which did not occur, so the settlement did not bind the respondents who did not consent or participate.

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    © All Rights Reserved
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    You are on page 1of 1

    G.R. No.

    156536

    October 31, 2006

    JOSEPH CUA, petitioner,


    vs.
    GLORIA A. VARGAS, AURORA VARGAS, RAMON VARGAS, MARITES VARGAS,
    EDELINA VARGAS AND GEMMA VARGAS, respondents.

    FACTS:
    A parcel of residential land with an area of 99 square meters located in San Juan, Virac,
    Catanduanes was left behind by the late Paulina Vargas. On February 4, 1994, a
    notarized Extra Judicial Settlement Among Heirs was executed by and among Paulina
    Vargas' heirs, namely Ester Vargas, Visitacion Vargas, Juan Vargas, Zenaida V. Matienzo,
    Rosario V. Forteza, Andres Vargas, Gloria Vargas, Antonina Vargas and Florentino Vargas,
    partitioning and adjudicating unto themselves the lot in question, each one of them
    getting a share of 11 square meters. Florentino, Andres, Antonina and Gloria, however,
    did not sign the document. Only Ester, Visitacion, Juan, Zenaida and Rosario
    signed it. The Extra Judicial Settlement Among Heirs was published in the Catanduanes
    Tribune for three consecutive weeks.3
    On November 15, 1994, an Extra Judicial Settlement Among Heirs with Sale 4 was again
    executed by and among the same heirs over the same property and also with the same
    sharings. Once more, only Ester, Visitacion, Juan, Zenaida and Rosario signed
    the document and their respective shares totaling 55 square meters were sold to
    Joseph Cua, petitioner herein.
    Respondents argue that said Extra Judicial Settlement cannot bind them for it was
    executed without their consent and participation.
    ISSUE/S:
    WON said Settlement would bind the respondents who did not give their consent?
    HELD:
    No. It would not bind them. The Supreme Court gave the following reason.
    The procedure outlined in Section 1 of Rule 74 is an ex parte proceeding. The rule
    plainly states, however, that persons who do not participate or had no notice of an
    extrajudicial settlement will not be bound thereby. 18 It contemplates a notice that has
    been sent out or issued before any deed of settlement and/or partition is agreed upon
    (i.e., a notice calling all interested parties to participate in the said deed of extrajudicial
    settlement and partition), and not after such an agreement has already been
    executed19 as what happened in the instant case with the publication of the first deed of
    extrajudicial settlement among heirs.

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