IN RE INTESTATE ESTATE OF THE DECEASED SPOUSES IGUIANON (BAGOBO) AND MIDA (BAGOBA): VICENTA PO, PETITIONER, VS. RAYMUNDA CAMPANA AND FAUSTINO CAMPANA, RESPONDENTS.

The estate of the deceased spouses, Iguianon
(Bagobo) and Mida (Bagoba) is the subject of the proceedings at
bar.  It chiefly consists of four (4)
parcels of land situated at Tagluno, Toril, and Lapoy, Gumati, both at Davao City, with
an aggregate area of 47 hectares, more or less. 
Proceedings for the settlement of their estate were instituted by their
granddaughter, Vicenta Po (the daughter of their
deceased daughter, Oca) in the Court of First
Instance of Davao, docketed therein as Special
Proceedings No. 589.

An action was subsequently commenced in the same Court by the
appointed administrator, docketed as Civil Case No. 1051, for the recovery of
possession of portions of the two (2) lots at Tagluno,
Toril, Davao City.  Named as defendants in the action were Prudencio Entice, Faustino Campana,
Raymunda Campana and Sulpicio Roda, to whom the areas
in question had been transferred by two (2) other children of the deceased Iguianon by his second wife, Acklin
(Bagoba). 
The action resulted in a judgment declaring the conveyances to the
defendants null and void, and directing said defendants to vacate the property
and deliver possession thereof to the administrator.

From this decision, Raymunda Campana and Faustino Campana took
an appeal to the Court of Appeals.  That
Court affirmed the judgment of the Davao Court of
First Instance with a slight modification “in the sense that the deeds of
assignment of rights in favor of Raymunda Campana and Faustino Campana are
valid to the extent of the shares in the land in question which Incol Iguianon and Adsa Iguianon may receive in the
settlement of the estate of Iguianon (Bagobo).”

This judgment became final and executory;
and on remand of the case to the Court of origin, execution thereof was
ordered.

What Raymunda Campana
and Faustino Campana did next was to file a series of
motions before the Probate Court in Special Proceeding No. 589 praying inter
alia that they be allowed to stay on the
disputed areas as tenants; that the special proceeding be terminated; that the
administration be confined to one-half (1/2) of the land at Tagluno,
Toril; and that a declaration of the heirs of Acklin (Bagoba), Iguianon’s second wife, be forthwith made.  All these motions were ordered stricken from
the record by the Probate Court at the instance of the administrator upon the
ground that the Campanas had no personality to
intervene in the case involving the estate belonging exclusively to the spouses
Iguianon and Mida and that
said movants were hostile to him as administrator.

The Campanas took another tack.  This time they sought the relief of the
administrator.  They succeeded.  A substitute administrator, Julian Sarte, was named by the Probate Court.

Some ten (10) months later, Vicenta Po
filed a motion to dismiss the special proceeding on the ground that the heirs
of the decedent spouses had already settled the estate extra-judicially among
themselves.  The Campanas
opposed the motion, alleging that they had not been informed of the
extra-judicial partition and had been deprived of participation in the estate,
as was their right as assignees of the rights of certain heirs of the
estate.  Po filed
a reply, insisting that the Campanas had no
personality to intervene in the intestate proceeding, and the heirs have the
right under Section 1, Rule 74 of the Rules of Court to divide the inheritance
extra-judicially.  The Probate Court
denied Vicenta Po’s motion to dismiss and declared
the extra-judicial settlement null and void. 
Vicenta moved for reconsideration.  This was denied.

She has appealed to this Court by certiorari on the theory
that this Order of the Probate Court, denying her motion to dismiss and
annulling the extra-judicial settlement of the estate, was rendered with grave
abuse of discretion amounting to lack or excess of jurisdiction.  It is an endeavor in which she cannot
succeed.

The insuperable obstacle to Vicenta
Po’s efforts to preclude and negate the Campanas‘
participation in the estate proceedings is the final and executory
judgment of the Court of Appeals declaring that “the deeds of assignment of rights in favor of Raymunda Campana Faustino Campana are valid to the extent of the shares in the land
in question which Incol Iguianon
and Adsa Iguianon may
receive in the settlement of the estate of lguianon (Bagobo).“ This is a conclusive and
authoritative declaration that the Campanas have
stepped into the shoes of the children of the intestate Iguianon
(Bagobo) by his second wife, Acklin (Bagoba).  Vicenta Po is bound
by that declaration.  She may not escape
its effects.  The declaration gives the Campanas standing and personality to intervene in the
intestate proceedings and to receive a part of the inheritance “to the
extent of the shares ** which Incol Iguianon and Adsa Iguianon may receive” as heirs of Iguianon
(Bagobo) and Acklin
(Bagoba). 
That same judicial declaration also and quite obviously operates to
proscribe and nullify any attempts at partition of the estate to the exclusion
of the Campanas.

No error may therefore be ascribed to the Probate Court in
denying Vicenta Po’s motion to dismiss and declaring
the extra-judicial settlement to the exclusion of the Campanas
null and void.  Indeed, that order is in
accord with the facts and applicable law and jurisprudence.

WHEREFORE,
the petition is dismissed, with costs against the petitioner.  This Resolution is immediately executory, and no motion for extension of time to file a
motion for reconsideration will be entertained.

Teehankee, C.J., Cruz, and Paras*, JJ., concur.

Gancayco, J., on leave.

*
Designated a Special Member of the First Division