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Showing posts with the label Transmission of Successional Right

Hacbang vs Alo, G.R. No. 191031|October 05, 2015

CASE DIGEST Hacbang vs Alo G.R. No. 191031|October 05, 2015 Topic: Transmission of Successional Right; Testate succession over Intestate  Facts:    A petition for the probate of Bishop Sofronio's will and the settlement of his estate was filed and was admitted thereafter to probate. Petitioner however filed a petition to cancel the registration of the subject lot of the case because it was found out that it was registered in the name of respondent.  The RTC dismissed the petition because the petitioners had no right to prosecute the case on the subject lot and noted that Bishop Sofronio's will had already been admitted into probate; thus, the intrinsic validity of the will is no longer in question. Though the settlement proceedings were archived, Bishop Sofronio already designated his heirs; thus, the petitioners, who are neither compulsory nor testamentary heirs, are not real parties in interest.  The CA in turn, affirmed the RTC's order ...