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    Reyes Masugas vs. Reyes GR 174835

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    JaylordPataotao
    The heirs of Lourdes Reyes entered into a compromise agreement to settle her estate which was approved by the court. The agreement partitioned the estate but did not mention a right of way that Alejandro was now claiming against Anita. The court ruled that as a probate court, it only had jurisdiction over matters pertaining to the estate, not contractual rights between heirs. By approving the compromise agreement, the probate proceeding was concluded and the court lost jurisdiction except to enforce the agreement. It therefore did not have authority over the new issue of a right of way.

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    Reyes Masugas vs. Reyes GR 174835

    Uploaded by

    JaylordPataotao
    660 views1 page
    The heirs of Lourdes Reyes entered into a compromise agreement to settle her estate which was approved by the court. The agreement partitioned the estate but did not mention a right of way that Alejandro was now claiming against Anita. The court ruled that as a probate court, it only had jurisdiction over matters pertaining to the estate, not contractual rights between heirs. By approving the compromise agreement, the probate proceeding was concluded and the court lost jurisdiction except to enforce the agreement. It therefore did not have authority over the new issue of a right of way.

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    Reyes Masugas vs. Reyes GR 174835

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    The heirs of Lourdes Reyes entered into a compromise agreement to settle her estate which was approved by the court. The agreement partitioned the estate but did not mention a right of way that Alejandro was now claiming against Anita. The court ruled that as a probate court, it only had jurisdiction over matters pertaining to the estate, not contractual rights between heirs. By approving the compromise agreement, the probate proceeding was concluded and the court lost jurisdiction except to enforce the agreement. It therefore did not have authority over the new issue of a right of way.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    660 views1 page

    Reyes Masugas vs. Reyes GR 174835

    Uploaded by

    JaylordPataotao
    The heirs of Lourdes Reyes entered into a compromise agreement to settle her estate which was approved by the court. The agreement partitioned the estate but did not mention a right of way that Alejandro was now claiming against Anita. The court ruled that as a probate court, it only had jurisdiction over matters pertaining to the estate, not contractual rights between heirs. By approving the compromise agreement, the probate proceeding was concluded and the court lost jurisdiction except to enforce the agreement. It therefore did not have authority over the new issue of a right of way.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    ANITA REYES-MESUGAS, Petitioner, vs. ALEJANDRO AQUINO REYES, Respondent.

    G.R. No. 174835 March 22, 2010

    FACTS:
    Anita and Alejandro are children of Pedro and Lourdes Reyes. Lourdes died intestate, leaving to her
    heirs, among others, three parcels of land. Alejandro filed a petition for the settlement of the estate of
    Lourdes, praying for his appointment as administrator due to alleged irregularities and fraudulent
    transactions by the other heirs.Anita, Pedro and Arturo (another siblng) opposed the petition.

    A compromise agreement was entered into the parties whereby the estate of Lourdes was partitioned.
    RTC approved said partition. Anita filed a motion to cancel lispendens(parcel of land to be shared by
    Anita and Alejandro) in view of the finality of judgment in the settlement of the estate. Alejandro opposed;
    claiming that there are side agreements yet to be fulfilled between them. One such agreement is the right
    of way which Anita refueses to give.

    RTC denied Anita’s motion. MR also denied.

    ISSUE:

    WON RTC as a probate court has jurisdiction over the issue of right of way

    RULING:

    A judgment rendered in accordance with a compromise agreement is immediately executory as there is


    no appeal from such judgment. When both parties enter into an agreement to end a pending litigation and
    request that a decision be rendered approving said agreement, such action constitutes an implied waiver
    of the right to appeal against the said decision

    Settled is the rule that a probate court is a tribunal of limited jurisdiction. It acts on matters pertaining to
    the estate but never on the rights to property arising from the contract. It approves contracts entered into
    for and on behalf of the estate or the heirs to it but this is by fiat of the Rules of Court. It is apparent
    therefore that when the RTC approved the compromise agreement, the settlement of the estate
    proceeding came to an end.

    Moreover, a notice of lis pendens may be cancelled when the annotation is not necessary to protect the
    title of the party who caused it to be recorded. The compromise agreement did not mention the grant of a
    right of way to respondent. Any agreement other than the judicially approved compromise
    agreement between the parties was outside the limited jurisdiction of the probate court.

    More importantly, the order of the probate court approving the compromise had the effect of directing the
    delivery of the residue of the estate of Lourdes to the persons entitled thereto under the compromise
    agreement. As such, it brought to a close the intestate proceedings and the probate court lost jurisdiction
    over the case, except only as regards to the compliance and the fulfillment by the parties of their
    respective obligations under the compromise agreement.

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