Maria Consuelo Ignacio died testate on August 18, 1945, leaving behind  an estate consisting of

1. One-half interest in a parcel of land situated in Orani, Bataan, identified as Lot  No. 34 of the Orani Cadastre, containing an area of  3,617 square meters more or less,  and with an assessed value of P70 (this being a conjugal property);
   
   
2. One-half interest in a parcel of land situated in Orani, Bataan, identified  as Lot No. 1213  of the Orani  Cadastre, containing an area  of 43,430 square meters, more  or less, and with an assessed value of F400 (this is also  a conjugal property);
   
   
3. A parcel of land situated in Orani, Bataan, identified as lot No.  1148  of the  Orani Cadastre, containing  an area of 141,917 square meters, more  or  less, covered by  Transfer Certificate of Title  No. 1223 of the Register of Deeds of Bataan, with an assessed value of P7,500;
   
   
4. A  parcel of land situated in Orani, Bataan, and identified as Lot No.  1087 of the Orani  Cadastre, containing an  area of 857 square meters, more or less, and  with an  assessed value  of P500, also covered by Transfer  Certificate of Title No. 1223;
   
   
5. A parcel of  land situated  in  Orani, Bataan, identified as Lot No. 856 of the Orani Cadastre, with an area of 983 square meters, more  or  less, and assessed at  F410, likewise covered by Transfer Certificate of Title No. 1223;
   
   
6. A parcel of land in  Orani, Bataan, identified as Lot  No. 868 of the Orani  Cadastre, containing  an. area of 529 square meters, more or less, and with an assessed value  of  P220, registered also under Transfer Certificate of  Title No. 1223; and
   
   
7. Five religious images, with an  aggregate value of P225,

which she willed to be distributed as follows:

1. Her share in Lot No. 34 of the Orani Cadastre, owned by the conjugal partnership  (No. 1  of the list of Properties  reproduced above), tor her surviving husband, Tomas Tagle;
   
   
2. Her share in Lot No. 1213 of  the Orani Cadastre,  atoo owned by the conjugal partnership  (No. 2 of the List), to her husband, Tomas Tagle;
   
   
3. The naked ownership of  Lot No. 1148, 1087 and 856, referred to as Lot Nos. 1, 2 and 3 of  Transfer Certificate  of Title No. 1223 (Nos. 3,  4 and 5  of the List), was bequeathed to her  nephew, Agustin Ignacio,  Sr.,  although  the usufruct and  administration thereof was given to her husband, Tomas Tagle during the latter's lifetime.  In connection with the properties, the will imposed upon her husband,  and in case of his death, on Agustin Ignacio,  Sr., the obligation to  give
   
   
   (a)  An annual pension of P100 to Fr.  Agapito Ignacio (for an unspecified duration);
   (b) An annual pension  of P100 to  Florentina  Dionisio  as long as she remained unmarried;
   (c) Support  and education to Socorro Buenaventura, during her lifetime;
   (d) Care and support to Petra Loreto, during her lifetime;
   (e) The expenses for the annual (Catholic)  religious retreat in Orani, Bataan; and
   (f)  The necessary expenses for the preservation and care of the religious images.
   
   
   
4. Lot No, 863  of the Orani  Cadastre, referred to as Lot No, 4 of Transfer Certificate  of Title No. 1223  (No. 6 of the  List  of Properties) to Agustin Ignacio,  Jr., and
   
   
5. The religious images were given to  Tomas Tagle,  but upon his death, ownership over the same would pass to Agustin Ignacio, Sr. Tomas Tagle was also named executor of said will, without the necessity of filing a bond.
   

On September 8, 1945, Tomas Tagle filed a petition with the  Court of First Instance of Bataan  for the probate of his  wife's last will   (Sp.  Proc.  No.  1811).   After due publication and  hearing, and in view of the absence  of any  opposition to its probate,  the will was allowed  on November  16, 1945.  Consequently, or on  December 26, 1945, letters testamentary were issued  to  Tomas Tagle, the executor named  in the will, authorizing him to  take possession  of all the properties of the decedent and  perform all acts necessary for that preservation and ultimate distribution.

On March  11,  1946, the executor submitted an inventory of the  estate showing it  to be worth P9,195, without any liability.  In the accounting  rendered by the executor  on December 17, 1946,  the  estate appeared to have  made a net earning  of P20.  This statement of account was approved by the Court on April 10, 1947.

On April 29,  1947, the executor  and Agustin  Ignacio, Sr.,  one of the  testamentary heirs, filed a joint motion for leave to  sell in favor of  a certain Pastor Manalo Lot No. 1 of T.C.T. No. 1223  (No. 3 of the List of Properties), in consideration of the sum  of P20,000.  This sale, how ever, was  disapproved by the probate court in its order of September 25,  1948, on the ground that as the parcel of land sought to be sold was the most valuable piece of property forming the estate of the deceased, the sale there of would deplete said estate and render impossible compliance With  certain onerous conditions imposed thereon by the will.   And making the observation  that the  deed  of sale dated April 28, 1947, and attached to the joint motion had  all the earmarks of a  perfected  contract,  the court ordered the  executor to  recover the property, if the sale had  been pushed through, and make a return thereof.  It is important to note that  on May  3, 1949, the executor submitted a report stating that the sale had not been consummated  and the land  was  not delivered to the vendee under  the aforementioned deed of sale.

At this juncture, and in anticipation of certain incidents that will be  unravelled in the course of this narration of facts, it may be mentioned that on September 9,   1945, or immediately after the filing of the petition for probate of the will, Atty. J. R. Nuguid  entered his  appearance as counsel for the executor Tomas Tagle.  Said lawyer, how ever withdrew his appearance as such counsel on October 16, 1945, allegedly with the consent  of his client,  and was substituted by Atty. Luis A. Atanacio.  On May 14, 1947, Atty. J. R. Nuguid once more entered his appearance in the case, only this time as counsel for Agustin Ignacio, Sr., in collaboration with Atty. D. M. Tan.

On May  10, 1949, the executor, assisted by Atty. J. R. Nuguid, filed a project of partition duly signed  by all the testamentary heirs, liquidating the estate and  adjudicating the same in  accordance with the provisions  of the will. This project of partition received  court approval  on May 18,  1949.  At the same time,  the executor and  Agustin Ignacio, Sr. were directed to comply with the impositions of the will and to institute guardianship  proceeding for the minor Agustin Ignacio, Jr., for the purpose of receiving the  latter's share  of  the inheritance.  The executor was further ordered to present proof of payment of the estate and inheritance taxes, as well as  the receipts by the heirs of their respective shares.

On October 12,  1949,  two petitions were filed in court: (1) by the  executor, assisted by his "attorney of record, Atty.  Jose  R. Nuguid", praying the  court to  close  the proceedings and order  the  distribution of the  estate  in accordance with the project of  partition, and (2) a petition to detach from the expediente the disapproved deed of absolute  sale which was attached to the joint motion to sell Lot No. 1 of T.C.T. No. 1223,  and to substitute the same with a certified copy of the document.  Both petitions were granted on October  14, 1949, with a directive to the executor to deliver  to  all the heirs  corresponding  shares  of the estate  and  to  submit proof  of such delivery within five days.

On September 17, 1951, the Clerk of the  Court of First Instance of  Bataan addressed a communication to Tomas Tagle requiring him to explain in five days why he should not be held in contempt of court for having failed to comply with the order of  October 14, 1949.  In  answer thereto, Atty. J. R. Nuguid, signing as counsel for Tomas Tagle, requested that his  client be allowed to comply with the aforementioned order  until after  the national elections (which would  be held in  November of that year).   Apparently, the executor did  not  make good  his  promise because on March  18,  1955, the Deputy  Clerk of  Court wrote another  letter  requiring the executor's compliance, in 10 days, with the Court's directive of October 14, 1949.

The record does not show that the executor has complied with this directive; but it does  appear from the subsequent pleadings, filed by the parties that on September 11, 1947, or before the motion for leave to sell the  lot described in the  deed of sale was denied by the  probate court, as mentioned earlier in this decision, a petition for the reconstitution of Transfer Certificate of Title No. 1223,  registered in the name of  Maria Consuelo Ignacio, was filed by Pastor Manalo  (the intended vendee) with the Court of First Instance of Bataan (G. L. R.  0. 315,  Cad. Case No. 10), which petition was approved on October 31, 1947; that subsequently another  petition for the reconstitution of the same title was filed,  this time  by Tomas  Tagle (G.L.R.O.  Rec.  14007), which was also approved by  the court on January 20,  1950; and that on the following day, January 21, 1950, Pastor Manalo presented to the Register of Deeds of Bataan, for registration, the deed of absolute sale of Lot No. 1, T.C.T. No. 1223 (which was disapproved by the probate  court and  was detached from the record of Sp.  Proc. No. 1811 upon  petition  of the  executor), supported by certified copies of the orders of the court of October 31, 1947 in G.L.R.O. 315, Cad. Case No. 10,  and of January 20,  1950, in G.L.R.O. Rec. No. 14007, reconstituting T.C.T. No. 1223, copies of the project of partition and of the order of the probate court approving the same. As a consequence thereof, a part of Transfer  Certificate of Title No. 1223 was cancelled and a separate title, covering Lot No.  1 thereof, was issued in the name  of  Pastor Manalo (T.C.T. No. 1999).

On May 25, 1955, the  executor, Tomas Tagle,  filed a petition in the probate court asking that the sale to  Pastor Manalo of Lot No. 1,  T.C.T.  No. 1223, be declared null and void; that the certificate of title  issued  in  the name of said vendee be cancelled, and a new  one  be  issued in his name as  such executor of the will of the  deceased Maria Consuelo Ignacio, alleging that  by reason of  undue influence  exerted  upon  him by Agustin Ignacio, Sr., he was induced to sell the land to Pastor Manalo who actually paid only a total  of  P10,000; that said property was included as one of  the properties subject for distribution among the testamentary heirs in the project of partition approved by  the court; and that Pastor  Manalo knew all along that said property was under administration and the sale thereof disapproved by the court.   This petition was opposed by Pastor Manalo who, while  admitting that the parcel of land in question appeared in the project of partition as part  of the estate to be divided  among  the heirs and that the sale thereof was disapproved by the probate court, claimed that the  ground relied  upon by the court in disapproving the  sale  no longer existed or did not actually exist; that Tomas Tagle entered  into the contract of sale because he deemed  it more beneficial to him to receive a lump sum than  enjoy the usufruct thereof due to his advanced age;  that such a petition to recover property could not properly be entertained  in a probate court.

Confronted with these  conflicting  claims  the probate court ordered the cancellation  of the  certificate of  title issued in the name of Pastor Manalo and the issuance of another in the name of the executor.   From this  order, the vendee, Pastor Manalo, appealed to this Court.

For two reasons, the appealed order should  be  set aside. Firstly, because from the recital in the narration of facts, it appears that the probate proceedings had already been terminated  upon the  approval by the probate court of the project of partition submitted by the executor; the granting of the petition to close the proceedings; and the consequent issuance of the order of distribution directing the delivery of  the properties  to the  heirs  in accordance with  the adjudication made in the will  (Santiesteban vs. Santiesteban,  68 Phil., 367).  Secondly, even  assuming that  in view of the lack of proof of compliance  by the executor of the order of distribution; of the properties, the proceedings might still be considered as open, the remedy being sought by the executor, that is, the declaration of  nullity of the deed of sale and the consequent cancellation of the certificate of title issued in favor of the vendee-petitioner Pastor Manalo cannot be obtained through a mere  motion in the probate proceedings over  the objection  of a third party adversely affected and over whom the probate court had no jurisdiction.  The  rule is already well settled that "when the  demand is  in  favor  of the administrator and the party against whom it is enforced is a third party not under  the court's jurisdiction, the demand can not be  by mere motion by the administrator, but by an independent action against the third  person"  (De Paula  vs.  Escay, 97 Phil., 617; 51 Off. Gaz., [10] 5168).

Thus,  even  granting arguendo, that the presentation of the deed of sale for registration in the Register of Deeds and the issuance of a new certificate of title in the name of the vendee were, in view of the circumstances, procured through means far from regular, nevertheless  the  vendee has acquired, and is actually asserting,  a claim of  owner ship over the parcel of land covered by said deed  of sale and certificate of  title of  which he can not be deprived except in an appropriate independent action in the  proper court.

Wherefore,  the order appealed from is hereby set aside, without  costs.  It  is  so ordered.

Paras, C. J.,  Bengzon, Padilla, Montemayor, Bautista Angelo, Labrador, Concepcion, and Endencia, JJ., concur.