Two-Year Prescriptive Period Rebong vs. Ibanez, G.R. No. L-1578, 30 September 1947

Two-Year Prescriptive Period

Rebong vs. Ibanez, 

G.R. No. L-1578, 30 September 1947

 

FACTS This is a petition for certiorari against the respondent judge of the Court of First Instance of Laguna on the ground that the latter acted in excess of jurisdiction or with grave abuse of discretion in denying the petition for cancellation of the lien or annotation on the certificate of title issued to the petitioner, of a land extrajudicially inherited by him as the only heir of her predecessors in interest to the effect that the property described in the title is subject to the claims of the creditors and other heirs of the deceased Jose Rebong and Maria Rebong within two years from July 9, 1947, in accordance with sections 1 and 4, Rule 74 of the Rules of Court. Whether respondent judge has not acted in excess of jurisdiction or with grave abuse of discretion, in denying the petitioner's petition


RULING No, because the two-year period for the filling of creditors of their claims against the estate has not yet lapsed. Under the rules, it shall be presumed that the decedent left no debts if no creditor files a petition for letters of administration within two (2) years after the death of the decedent.


Here, since the registered or annotated contingent interest of the creditors or other heirs of the petitioner's predecessors in interest, established by section 4 of Rule 74 has not yet terminated or ceased, for the period of two from July 9, 1947, have not yet elapsed, the respondent judge had no jurisdiction or power to order the cancellation of said lien or annotation as prayed by the petitioner. Thus, the respondent judge has not acted in excess of jurisdiction nor with grave abuse of discretion, but in conformity with law, in denying the petitioner’s petition.








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