LEO C. ROMERO AND DAVID AMANDO C. ROMERO VS. HON. COURT OF APPEALS

G.R. No. 188921, April 18, 2012

LEO C. ROMERO AND DAVID AMANDO C. ROMERO VS. HON. COURT OF APPEALS, AURORA C. ROMERO AND VITTORIO C. ROMERO

FACTS: Petitioners allege that upon their father’s death, their mother, respondent Aurora Romero, was appointed as legal guardian who held several real and personal properties in trust for her children. Since that year until the present, she continues to be the administrator of the properties, businesses, and investments comprising the estate of her late husband. Sometime in 2006, petitioners Leo and Amando discovered that several Deeds of Sale were registered over parcels of land that are purportedly conjugal properties of their parents. Petitioners claim that their brother Vittorio – through fraud, misrepresentation and duress – succeeded in registering properties in his name. Petitioners filed a Complaint for Annulment of Sale, Nullification of Title, and Conveyance of Title. This was denied by the trial court on the ground that it could not be adjudicated without first getting a definitive pronouncement from the intestate court as to the share of each of the heirs

ISSUE: Whether the dismissal was correct.


RULING: Yes. In any case, there is no merit to petitioners’ claim that the issues raised in the case at bar pertain to title and ownership and therefore need to be ventilated in a separate civil action. The issue before the court is not really one of title or ownership, but the determination of which particular properties should be included in the inventory of the estate. Not only do petitioners assert their legal interest as compulsory heirs, they also seek to be the owners, pro indiviso, of the said properties. To anchor their claim, they argue that the properties are conjugal in nature and hence form part of their inheritance. In Bernardo v. Court of Appeals, the Supreme Court declared that the determination of whether a property is conjugal or paraphernal for purposes of inclusion in the inventory of the estate rests with the probate court.

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