SECOND DIVISION GR NO. L-43155, August 14, 1987.

Luisa Ortega, Nieves Y. Ortega, Maria Marizal Polancos (rep by father and nat. guardian Mamerto
Polancos), Juaquin Ortega Jr. (rep by cousin Maria Louisa Seville as guardian ad litem) vs.
Court of Appeals, Judge Numeriano Estenzo, CAlixta Yap, Adelaida Ortega, Conchita Ortega,
Maximo Jose Ortega, Jesus ortega, Carmen Ortega Lim, Amparo Ortega Longalong, and Mercedes
Ortega Bacalso
FACTS, Paras:
May 22, 1948 - Joaquin Ortega died intestate
January 3, 1949 - "surviving spouse," Emilia Ybanez initiaed an intestate proceeding (Sp. Pro. No 441-R)
before CFI Cebu, Branch II. Emilia was appointed as administratrix. Letters of admin issued on
Feb. 22, 1949 - Letters of admin issued to Emilia. Joaquin was also survived by daughters with
Emilia, namely, Luisa, Elena, Nieves, Eufemia, and Agueda, all petitioners.
March 17, 1949 - Calixta Yap, filed a MR of the order on the ground that Joaquin's children by her are the
forced heirs; that JOaquin was never married to Emilia. Denied.
May 29, 1949 - Emilia presented an inventory and appraisal of the estate. Approved.
June 30, 1954 - Agueda, the then admin, filed another inventory. Approved.
April 17, 1959 - children of Calixta filed for motion for intervention, praying to be declared heirs of Joaquin.
June 25, 1959 - inventory filed by Eufemia, of Emilia, filed another inventory. Approved
November 14, 1962 - children of Calixt filed motion to dismiss their motion to be declared as heirs.
November 24, 1962 - Judge Amador Gomez of CFI Cebu, Branch II (Sp. Pro. No 441-R) declared Emilia
and daughters as legal heirs.
December 6, 1972 - CAlixta Yap and children filed a complaint for quieting of title, declaration of nullity of
sale, annulment of tax declaration, damages and other reliefs. Civil Case No. 1184-0, presided by Judge
Estenzo. CAlixta alleged to be the owner of a parcel of land in Sta. Cruz, Isabel Leyte, with an area of
174, 496 sq.m; that on Oct. 20, 1927 while she was living with Joaquin, she and her grandfather Froilan
maurillo executed a simulated deed of sale in favor of Joaquin; that she and her 8 children had it in
continued possession.
Feb. 12, 1973 - Calixta's complaint amended to show that she was married to Joaqun in 1927 before the
Justice of the Peace Zamora of Merida, Leyte
Feb. 19, 1973 - complaint again amended, additions of other properties claimed to be conjugal between
Calixta and Joaquin: the original subject parcel of land, 4 other lots, and the other portions previously
adjudicated to Emilia. Amendments allowed.
Emilia's answer: that she was married to Joaquin by Justice of the Peace of Hilongos, Leyte.
February 24, 1975 - order issued by Judge Estenzo in favor of Calixta over claim of Emilia on a marriage
that could not be substantiated by a document destroyed by war.
August 11, 1975 petitioners filed a petition for certiorari with the CA (CA-GR No. SP-04494-R) on the
ground that Judge Estenzo converted the proceedings to an action for declaration of the legal wife,
legitimate children, and legal heirs of Joaquin. Dismissed. Hence, this petition for certiorari before the SC.
ISSUE: Whether or not the civil action instituted by Calixta and the subsequent orders of Judge Estenzo
were in order
RATIO: The probate court (whether testate or intestate) cannot adjudicate title to properties claimed to be
part of the estate and which are equally claimed to belong to outside parties. All that the probate court
could do as regards said properties is to determine whether they should or should not be included in the
inventory or list of properties to be administered by the administrator. If there is no dispute, well and good,
but if there is, then the parties, the administrator, and the opposing parties have to resort to an ordinary
action for a final determinationof the conflicting claims of title because the probate court cannot do so.
HELD: Calixta properly filed the separate action to resolve the issue of ownership as this matter is beyond
the jurisdiction of the probate court. However, declaration of heirs by Judge Estenzo is void, said matter
having been resolved with finality by the probate court. The case is remanded to the trial court for a full
hearing on the question of ownership of the lot in Isabel, Leyte.