SPOUSES BENATIRO vs HEIRS OF CUYOS G.R. No. 161220 July 30, 2008 FACTS: Spouses Evaristo Cuyos and Agatona Arrogante Cuyos had nine children, namely: Francisco, Victoria, Columba, Lope, Salud, Gloria, Patrocenia, Numeriano, and Enrique. On August 28, 1966, Evaristo died leaving six parcels of land located in Tapilon, Daanbantayan, Cebu. Before the CFI, after filing a petition to have herself appointed administrator, and after filing an opposition thereto, Gloria & Fransisco, assisted by their corresponding counsels, agreed to have Gloria appointed as administratrix of the estate & letters of administration of the estate of the late Evaristo Cuyos were issued in favor of Mrs. Gloria Cuyos Talian after posting a nominal bond of P 1,000.00. The Clerk of Court, Atty. Taneo was appointed to act as Commissioner to effect the agreement of the parties and to prepare the project of partition. In his Commissioner’s report dated July 29, 1976, Atty. Taneo stated that he issued subpoenae supplemented by telegrams to all the heirs to cause their appearance on February 28 and 29, 1976 in Tapilon, Daanbantayan, Cebu, where the properties are located, for a conference or meeting to arrive at an agreement; that out of the nine heirs, only respondents Gloria, Salud and Enrique Cuyos failed to attend. He reported that those who were present agreed not to partition the properties of the estate but instead agreed to first sell it for the sum of P 40,000.00 & divide the proceeds equally. Columba bought the properties. The CFI appointed Lope Cuyos (Cuyos) as the new administrator of the estate based on Gloria’s absence & change of residence. The Court ordered the Administratrix to execute the deed of sale afterthe payment of the sum ofP 36,000 which shall remain in custodia legis, then divided among the heirs after payment of necessary taxes. Cuyos executed a Deed of Absolute Sale over the six parcels of land in favor of Columba for a consideration of the sum of P 36,000.00. Original Certificates of Titles were issued in favor of the latter. In Feb 1998, Gloria, Patrocenia , Numeriano, Enrique & Salud filed with the CA a petition for annulment of the order of the CFI of Cebu, alleging that the CFI’s order was null and void and of no effect, the same being based on a Commissioner's Report, which was
Special Civil Actions and Provisional Remedies Cases
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SPOUSES BENATIRO vs HEIRS OF CUYOS G.R. No. 161220 July 30,
200FACTS!SpousesEvaristoCuyosandAgatonaArroganteCuyoshadninechildren,namely:Francisco,
Victoria, Columba, Lope, Salud, Gloria, Patrocenia, umeriano,and
Enri!ue" #n August $%, &'((, Evaristo died leaving si) parcels
o* land located in+apilon, ,aanbantayan, Cebu"-e*ore the CF., a*ter
/ling a petition to have hersel* appointed administrator,and a*ter
/ling an opposition thereto, Gloria 0 Fransisco, assisted by
theircorresponding counsels, agreed to have Gloria appointed as
administratri) o* theestate0letterso* administrationo* theestateo*
thelateEvaristoCuyos1ereissued in *avor o* 2rs" Gloria Cuyos +alian
a*ter posting a nominal bond o*P&,333"33" +he Cler4 o* Court,
Atty" +aneo 1as appointed to act as Commissioner toe5ect the
agreement o* the parties and to prepare the pro6ect o* partition"
.n hisCommissioner7s report dated8uly $', &'9(, Atty"
+aneostatedthat heissuedsubpoenae supplemented by telegrams to all
the heirs to cause their appearance onFebruary $% and $', &'9(
in +apilon, ,aanbantayan, Cebu, 1here the properties arelocated,
*or a con*erence or meeting to arrive at an agreement: that out o*
the nineheirs, onlyrespondents Gloria, SaludandEnri!ueCuyos
*ailedtoattend" ;ereported that those 1ho 1ere present agreed not
to partition the properties o* theestatebutinsteadagreedto/rstsell
it*orthesumo*P
