- Petitioner
- Avelina Abarientos Rebusquillo [Substituted By Her Heirs
- Respondent
- Sps. Domingo
- Citation
- G.R. No. 204029
- Court
- Supreme Court
- Division
- Third Division
- Ponente
- Velasco, Jr., J.
- Decided
- June 4, 2014
Summary
Supreme Court case involving validity of inheritance documents. Avelina Rebusquillo executed Affidavit of Self-Adjudication and Deed of Sale claiming to be sole heir of father Eulalio Abarientos' 2,869-square meter property in Legazpi City, transferring it to daughter Emelinda and son-in-law Domingo supposedly to facilitate titling. Other heirs, including grandson Salvador Orosco, challenged these documents. RTC annulled both documents finding Avelina was not sole heir and deed was simulated. CA reversed, requiring special proceedings for heirship determination. Supreme Court reinstated RTC decision, applying Portugal exception allowing heirship determination in civil case when parties stipulated facts and presented evidence. Court found self-adjudication invalid under Rule 74 requiring sole heirship, and deed was absolutely simulated contract under Civil Code, executed only for titling facilitation without ownership transfer intent. Decision protects inheritance rights of all legitimate heirs against fraudulent self-adjudication by one heir.