This case has been cited 1 times or more.
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2014-01-15 |
BERSAMIN, J. |
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| To the same effect was De Leon v. Court of Appeals,[19] where the Court declared that a "probate court, whether in a testate or intestate proceeding, can only pass upon questions of title provisionally," and reminded, citing Jimenez v. Court of Appeals, that the "patent reason is the probate court's limited jurisdiction and the principle that questions of title or ownership, which result in inclusion or exclusion from the inventory of the property, can only be settled in a separate action." Indeed, in the cited case of Jimenez v. Court of Appeals,[20] the Court pointed out: All that the said court could do as regards the said properties is 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 a dispute as to the ownership, then the opposing parties and the administrator have to resort to an ordinary action for a final determination of the conflicting claims of title because the probate court cannot do so. (Bold emphasis supplied) | |||||