Petitioner
Dorotea Dais
Respondent
The Court of First Instance of Capiz
Citation
G.R. No. 28770
Court
Supreme Court En Banc
Division
En Banc
Ponente
Villa-Real, J.
Decided
January 21, 1928

Summary

This 1928 Supreme Court case established the fundamental right of heirs to intervene in legal proceedings affecting inherited property, even when the appointed judicial administrator consents to actions prejudicial to their interests. The case arose from cadastral proceedings where heirs of Serapion Dais objected to the striking out of their property claims by the lower court, despite their judicial administrator's consent. The Supreme Court held that under Civil Code articles 657 and 661, heirs immediately succeed to property rights upon death and retain the right to protect their interests in estate proceedings. The Court ruled that the lower court exceeded its jurisdiction by dismissing the heirs' answers for grounds not recognized by law and violated their constitutional due process rights. The decision reinforced the principle that proper legal grounds must exist for dismissing pleadings and that interested parties cannot be deprived of their right to be heard in proceedings affecting their property rights.

Statutes applied

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By the Intellegal Editorial Board · January 21, 1928

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