19. [Family Relations - Effects of family relationship on legal disputes]

Pedro Gayon v. Silvestre Gayon

G.R. No. L-28394, November 26, 1970

Ponente: Chief Justice Concepcion

Facts:

Appeal by plaintiff from CFI Iloilo dismissal of his case. On July 31, 1967, Pedro complained against defendant spouses Silvestre and Genoveva de Gayon, alleging that on October 1, 1952, spouses sold to Pedro Gelera, for P500.00, a parcel of unregistered land in Guimbal, Iloilo, including improvements thereon, subject to redemption within 5years or not later 1957; that said right not exercised by them, or any of their heirs or successors, despite period expiration; that Gelera sold the land on March 21, 1961, to Pedro. Pedro had, since 1961, introduced thereon improvements; that he had fully paid taxes on said property up to 1967; NCC1606 and 1616 require a judicial decree for the consolidation of the title in and to a land acquired through a conditional sale, and, accordingly, praying that an order be issued in plaintiff's favor for the consolidation of ownership in and to the aforementioned property. Genoveva said her husband died on January 6, 1954, long before the institution of the case, that the deed where they sold property to Gelera was fake, her signature forged, and they never executed such document, and that complaint is malicious and embarrassed her and her children, for they had to employ counsel. And that being brother of the deceased Silvestre Gayon, plaintiff "did not exert efforts for the amicable settlement of the case" before filing his complaint. She prayed, therefore, that the same be dismissed and that plaintiff be sentenced to pay damages. On September 19, 1967, dismissed for Silvestre was dead (absolute owner, wife nothing to do with it).Issue:

Whether or not such dismissal was valid.

Held:

No. Wife has something to do with property, being widow, she is a compulsory heir, interested, and her motion was necessary so that other successors in interest instead of deceased could be made parties to the case. If heirs included as defendants, they cannot be sued as representatives of decedent, but rather as owners an aliquot interest in the property in question, even if the precise extent of their interest may still be undetermined and they have derived it from the decent. Hence, they may be sued without a previous declaration of heirship, provided there is no pending special proceeding for the settlement of the estate of the decedent. Concerning FC151 (compromise efforts) applies to suits "filed or maintained between members of the same family." This phrase, "members of the same family," should, however, be construed in the light of Art. 217 of the same Code, pursuant to which: (1) Between husband and wife; (2) Between parent and child; (3) Among other ascendants and their descendants; (4) Among brothers and sisters. Genoveva is plaintiffs sister-in-law, not part of enumeration, so failure to seek compromise before filing of complaint does not bar. Remanded to lower court of administrator as defendant, or heirs if in absence.