PETITION DENIED

228 SUPREME COURT REPORTS ANNOTATED

Union Bank of the Philippines vs. Santibañez

*
G.R. No. 149926. February 23, 2005.

UNION BANK OF THE PHILIPPINES, petitioner, vs.

EDMUND SANTIBAÑEZ and FLORENCE SANTIBAÑEZ
ARIOLA, respondents.

Civil Law; Settlement of Estate; Jurisdictions; Well-settled is

the rule that a probate court has the jurisdiction to determine all
the properties of the deceased, to determine whether they should or
should not be included in the inventory or list of properties to be
administered.—Well-settled is the rule that a probate court has
the jurisdiction to determine all the properties of the deceased, to
determine whether they should or should not be included in the
inventory or list of properties to be administered. The said court
is primarily concerned with the administration, liquidation and
distribution of the estate.
Same; Same; Wills; Partition; In our jurisdiction, the rule is
that there can be no valid partition among the heirs until after the
will has been probated.—In our jurisdiction, the rule is that there
can be no valid partition among the heirs until after the will has
been probated: In testate succession, there can be no valid
partition among the heirs until after the will has been probated.
The law enjoins the probate of a will and the public requires it,
because unless a will is probated and notice thereof given to the
whole world, the right of a person to dispose of his property by
will may be rendered nugatory. The authentication of a will
decides no other question than such as touch upon the capacity of
the testator and the compliance with those requirements or
solemnities which the law prescribes for the validity of a will.
Same; Same; Same; Same; Every act intended to put an end
to indivision among co-heirs and legatees or devisees is deemed to
be a partition although it should purport to be a sale, an
exchange, a compromise or any other transaction.—It must be
stressed that the probate proceeding had already acquired
jurisdiction over all the properties of the deceased, including the
three (3) tractors. To dispose of them in any way without the
probate court’s approval is

_______________

* SECOND DIVISION.

229

VOL. 452, FEBRUARY 23, 2005 229

Union Bank of the Philippines vs. Santibañez

tantamount to divesting it with jurisdiction which the Court

cannot allow. Every act intended to put an end to indivision
among co-heirs and legatees or devisees is deemed to be a
partition, although it should purport to be a sale, an exchange, a
compromise, or any other transaction. Thus, in executing any
joint agreement which appears to be in the nature of an extra-
judicial partition, as in the case at bar, court approval is
imperative, and the heirs cannot just divest the court of its
jurisdiction over that part of the estate.
Same; Same; Same; Filing of a money claim against the
decedent’s estate in the probate court is mandatory.—The filing of
a money claim against the decedent’s estate in the probate court
is mandatory. As we held in the vintage case of Py Eng Chong v.
Herrera: . . . This requirement is for the purpose of protecting the
estate of the deceased by informing the executor or administrator
of the claims against it, thus enabling him to examine each claim
and to determine whether it is a proper one which should be
allowed. The plain and obvious design of the rule is the speedy
settlement of the affairs of the deceased and the early delivery of
the property to the distributees, legatees, or heirs. The law
strictly requires the prompt presentation and disposition of the
claims against the decedent’s estate in order to settle the affairs
of the estate as soon as possible, pay off its debts and distribute
the residue.

PETITION for review on certiorari of a decision of the

Court of Appeals.

The facts are stated in the opinion of the Court.

     Miguel G. Padernal for petitioner U.B.P.
     Roberto Cal Catolico for respondents.

CALLEJO, SR., J.:

Before us is a petition for review on certiorari under Rule

45 of the Revised
1
Rules of Court which seeks the reversal
of the Decision of the Court of Appeals dated May 30, 2001
in

_______________

1 Penned by Associate Justice Bienvenido L. Reyes with Associate

Justices Eubulo G. Verzola (deceased), and Marina L. Buzon, concurring.

230

230 SUPREME COURT REPORTS ANNOTATED

Union Bank of the Philippines vs. Santibañez

2
CA-G.R. CV No. 48831 affirming the dismissal of the
petitioner’s complaint in Civil Case No. 18909 by the
Regional Trial Court (RTC) of Makati City, Branch 63.
The antecedent facts are as follows:
On May 31, 1980, the First Countryside Credit
Corporation (FCCC) and3
Efraim M. Santibañez entered
into a loan agreement in the amount of P128,000.00. The
amount was intended for the payment of the purchase
price of one (1) unit Ford 6600 Agricultural All-Purpose
Diesel Tractor. In view thereof, Efraim and his son,
Edmund, executed a promissory note in favor of the FCCC,
the principal sum payable in five equal annual
amortizations of P43,745.96 due on May 31, 1981 and
every May 31st thereafter up to May 31, 1985.
 On December 13, 1980, the 4
FCCC and Efraim entered
into another loan agreement, this time in the amount of
P123,156.00. It was intended to pay the balance of the
purchase price of another unit of Ford 6600 Agricultural
All-Purpose Diesel Tractor, with accessories, and one (1)
unit Howard Rotamotor Model AR 60K. Again, Efraim and
his son, Edmund, executed a promissory note for the said
amount in favor of the FCCC. Aside from such promissory5
note, they also signed a Continuing Guaranty Agreement
for the loan dated December 13, 1980.
Sometime in 6February 1981, Efraim died, leaving a
holographic will. Subsequently in March 1981, testate
proceedings commenced before the RTC of Iloilo City,
Branch 7, docketed as Special Proceedings No. 2706. On
April 9, 1981, Edmund, as one of the heirs, was appointed7
as the special administrator of the estate of the decedent.
During the pend-

_______________

2 Penned by Presiding Judge Julio R. Logarta.

3 Records, pp. 8-12.
4 Id., at pp. 13-18.
5 Id., at pp. 19-20.
6 Exhibit “7”.
7 Annex “A” of the Answer, Records, p. 48.

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Union Bank of the Philippines vs. Santibañez

ency of the testate proceedings, the surviving heirs,

Edmund and his sister 8Florence Santibañez Ariola,
executed a Joint Agreement dated July 22, 1981, wherein
they agreed to divide between themselves and take
possession of the three (3) tractors; that is, two (2) tractors
for Edmund and one (1) tractor for Florence. Each of them
was to assume the indebtedness of their late father to
FCCC, corresponding to the tractor respectively taken by
them.
 On August 20, 1981,9 a Deed of Assignment with
Assumption of Liabilities was executed by and between
FCCC and Union Savings and Mortgage Bank, wherein
the FCCC as the assignor, among others, assigned all its
assets and liabilities to Union Savings and Mortgage
Bank. 10
Demand letters for the settlement of his account were
sent by petitioner Union Bank of the Philippines (UBP) to
Edmund, but the latter failed to heed the same and
refused to pay. Thus,
11
on February 5, 1988, the petitioner
filed a Complaint for sum of money against the heirs of
Efraim Santibañez, Edmund and Florence, before the RTC
of Makati City, Branch 150, docketed as Civil Case No.
18909. Summonses were issued against both, but the one
intended for Edmund was not served since he was in the
United States and there was no information on12
his address
or the date of his return to the Philippines. Accordingly,
the complaint was narrowed down to respondent Florence
S. Ariola.
On December13 7, 1988, respondent Florence S. Ariola
filed her Answer and alleged that the loan documents did
not bind her since she was not a party thereto. Considering
that the joint agreement signed by her and her brother
Edmund was not approved by the probate court, it was
null and void;

_______________

8 Exhibit “A”.
9 Exhibit “G”.
10 Exhibits “E” and “F”.
11 Records, p. 1.
12 See Sheriff ’s Return of Service, Id., at p. 39.
13 Records, p. 42.

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232 SUPREME COURT REPORTS ANNOTATED

Union Bank of the Philippines vs. Santibañez
hence, she was not liable to the petitioner under the joint
agreement.
On January 29, 1990, the case was unloaded and re- 14
raffled to the RTC of Makati City, Branch 63.
Consequently, trial on the merits ensued and a decision
was subsequently rendered by the court dismissing the
complaint for lack of merit. The decretal portion of the
RTC decision reads:

“WHEREFORE, judgment 15is hereby rendered DISMISSING the

complaint for lack of merit.

The trial court found that the claim of the petitioner

should have been filed with the probate court before which
the testate estate of the late Efraim Santibañez was
pending, as the sum of money being claimed was an
obligation incurred by the said decedent. The trial court
also found that the Joint Agreement apparently executed
by his heirs, Edmund and Florence, on July 22, 1981, was,
in effect, a partition of the estate of the decedent. However,
the said agreement was void, considering that it had not
been approved by the probate court, and that there can be
no valid partition until after the will has been probated.
The trial court further declared that petitioner failed to
prove that it was the now defunct Union Savings and
Mortgage Bank to which the FCCC had assigned its assets
and liabilities. The court also agreed to the contention of
respondent Florence S. Ariola that the list of assets and
liabilities of the FCCC assigned to Union Savings and
Mortgage Bank did not clearly refer to the decedent’s
account. Ruling that the joint agreement executed by the
heirs was null and void, the trial court held that the
petitioner’s cause of action against respondent Florence S.
Ariola must necessarily fail.

_______________

14 Id., at p. 83.
15 Id., at p. 522.

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 Union Bank of the Philippines vs. Santibañez

The petitioner appealed from the RTC decision and

elevated its case to the Court of Appeals (CA), assigning
the following as errors of the trial court:
Petitioner’s Arguments 1. THE COURT A QUO ERRED IN FINDING THAT THE
JOINT AGREEMENT (EXHIBIT “A”) SHOULD BE
APPROVED BY THE PROBATE COURT.
2. THE COURT A QUO ERRED IN FINDING THAT
THERE CAN BE NO VALID PARTITION AMONG THE
HEIRS UNTIL AFTER THE WILL HAS BEEN
PROBATED.
3. THE COURT A QUO ERRED IN NOT FINDING THAT
THE DEFENDANT HAD WAIVED HER RIGHT TO
HAVE THE CLAIM
16
RE-LITIGATED IN THE ESTATE
PROCEEDING.

The petitioner asserted before the CA that the obligation of

the deceased had passed to his legitimate children and
heirs, in this case, Edmund and Florence; the
unconditional signing of the joint agreement marked as
Exhibit “A” estopped respondent Florence S. Ariola, and
that she cannot deny her liability under the said
document; as the agreement had been signed by both heirs
in their personal capacity, it was no longer necessary to
present the same before the probate court for approval; the
property partitioned in the agreement was not one of those
enumerated in the holographic will made by the deceased;
and the active participation of the heirs, particularly
respondent Florence S. Ariola, in the present ordinary civil
action was tantamount to a waiver to re-litigate the claim
in the estate proceedings.
On the other hand, respondent Florence S. Ariola
maintained that the money claim of the petitioner
17
should
have been presented before the probate court.
The appellate court found that the appeal was not
meritorious and held that the petitioner should have filed
its claim

_______________
 16 CA Rollo, p. 43.
17 Id., at p. 76.

234

234 SUPREME COURT REPORTS ANNOTATED

Union Bank of the Philippines vs. Santibañez

with the probate court as provided under Sections 1 and 5,

Rule 86 of the Rules of Court. It further held that the
partition made in the agreement was null and void, since
no valid partition may be had until after the will has been
probated. According to the CA, page 2, paragraph (e) of the
holographic will covered the subject properties (tractors) in
generic terms when the deceased referred to them as “all
other properties.” Moreover, the active participation of
respondent Florence S. Ariola in the case did not amount
to a waiver. Thus, the CA affirmed the RTC decision, viz.:

“WHEREFORE, premises considered, the appealed Decision of

the Regional Trial Court of Makati City, Branch 63, is hereby
AFFIRMED in toto.18
SO ORDERED.”
In the present recourse, the petitioner ascribes the following
errors to the CA:

I.

THE HONORABLE COURT OF APPEALS ERRED IN

FINDING THAT THE JOINT AGREEMENT SHOULD BE
APPROVED BY THE PROBATE COURT.

II.

THE COURT OF APPEALS ERRED IN FINDING THAT

THERE CAN BE NO VALID PARTITION AMONG THE HEIRS
OF THE LATE EFRAIM SANTIBAÑEZ UNTIL AFTER THE
WILL HAS BEEN PROBATED.

III.

THE COURT OF APPEALS ERRED IN NOT FINDING THAT

THE RESPONDENT HAD WAIVED HER RIGHT TO HAVE
THE CLAIM RE-LITIGATED IN THE ESTATE PROCEEDING.

_______________

18 Rollo, p. 30.

235

VOL. 452, FEBRUARY 23, 2005 235

Union Bank of the Philippines vs. Santibañez

IV.

RESPONDENTS CAN, IN FACT, BE HELD JOINTLY AND

SEVERALLY LIABLE WITH THE PRINCIPAL DEBTOR THE
LATE EFRAIM SANTIBAÑEZ ON THE STRENGTH OF THE
CONTINUING GUARANTY AGREEMENT EXECUTED IN
FAVOR OF PETITIONER-APPELLANT UNION BANK.

V.

THE PROMISSORY NOTES DATED MAY 31, 1980 IN THE

SUM OF P128,000.00 AND DECEMBER 13, 1980 IN THE
AMOUNT OF P123,000.00 CATEGORICALLY ESTABLISHED
THE FACT THAT THE RESPONDENTS BOUND
THEMSELVES JOINTLY AND SEVERALLY LIABLE WITH
THE LATE DEBTOR EFRAIM 19
SANTIBAÑEZ IN FAVOR OF
PETITIONER UNION BANK.

The petitioner claims that the obligations of the deceased

were transmitted to the heirs as provided in Article 774 of
the Civil Code; there was thus no need for the probate
court to approve the joint agreement where the heirs
partitioned the tractors owned by the deceased and
assumed the obligations related thereto. Since respondent
Florence S. Ariola signed the joint agreement without any
condition, she is now estopped from asserting any position
contrary thereto. The petitioner also points out that the
holographic will of the deceased did not include nor
mention any of the tractors subject of the complaint, and,
as such was beyond the ambit of the said will. The active
participation and resistance of respondent Florence S.
Ariola in the ordinary civil action against the petitioner’s
claim amounts to a waiver of the right to have the claim
presented in the probate proceedings, and to allow any one
of the heirs who executed the joint agreement to escape
liability to pay the value of the tractors under
consideration would be equivalent to allowing the said
heirs to enrich themselves to the damage and prejudice of
the petitioner.

_______________

19 Id., at pp. 7-8.

236

236 SUPREME COURT REPORTS ANNOTATED

Union Bank of the Philippines vs. Santibañez

The petitioner, likewise, avers that the decisions of both

the trial and appellate courts failed to consider the fact
that respondent Florence S. Ariola and her brother
Edmund executed loan documents, all establishing the
vinculum juris or the legal bond between the late Efraim
Santibañez and his heirs to be in the nature of a solidary
obligation. Furthermore, the Promissory Notes dated May
31, 1980 and December 13, 1980 executed by the late
Efraim Santibañez, together with his heirs, Edmund and
respondent Florence, made the obligation solidary as far as
the said heirs are concerned. The petitioner also proffers
that, considering the express provisions of the continuing
guaranty agreement and the promissory notes executed by
the named respondents, the latter must be held liable
jointly and severally liable thereon. Thus, there was no
need for the petitioner to file its money claim before the
probate court. Finally, the petitioner stresses that both
surviving heirs are being sued in their respective personal
capacities, not as heirs of the deceased.
In her comment to the petition, respondent Florence S.
Ariola maintains that the petitioner is trying to recover a
sum of money from the deceased Efraim Santibañez; thus
the claim should have been filed with the probate court.
She points out that at the time of the execution of the joint
 agreement there was already an existing probate
proceedings of which the petitioner knew about. However,
to avoid a claim in the probate court which might delay
payment of the obligation, the petitioner opted to require
them to execute the said agreement.
According to the respondent, the trial court and the CA
did not err in declaring that the agreement was null and
void. She asserts that even if the agreement was
voluntarily executed by her and her brother Edmund, it
should still have been subjected to the approval of the
court as it may prejudice the estate, the heirs or third
parties. Furthermore, she had not waived any rights, as
she even stated in her answer in the court a quo that the
claim should be filed with the probate
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VOL. 452, FEBRUARY 23, 2005 237

Union Bank of the Philippines vs. Santibañez

court. Thus, the petitioner could not invoke or claim that

she is in estoppel.
Respondent Florence S. Ariola further asserts that she
had not signed any continuing guaranty agreement, nor
was there any document presented as evidence to show
that she had caused herself to be bound by the obligation
of her late father.
The petition is bereft of merit.
The Court is posed to resolve the following issues: a)
ISSUES:
whether or not the partition in the Agreement executed by
the heirs is valid; b) whether or not the heirs’ assumption
of the indebtedness of the deceased is valid; and c) whether
the petitioner can hold the heirs liable on the obligation of
the deceased.
At the outset, well-settled is the rule that a probate
court has the jurisdiction to determine all the properties of
the deceased, to determine whether they should or should
not be included20
in the inventory or list of properties to be
administered. The said court is primarily concerned with
the administration,
21
liquidation and distribution of the
estate. In our jurisdiction, the rule is that there can be no
valid partition among the heirs until after the will has
been probated:

In testate succession, there can be no valid partition among the

heirs until after the will has been probated. The law enjoins the
probate of a will and the public requires it, because unless a will
is probated and notice thereof given to the whole world, the right
of a person to dispose of his property by will may be rendered
nugatory. The authentication of a will decides no other question
than such as touch upon the capacity of the testator and the
compliance with

_______________

20 See Ortega v. Court of Appeals, 153 SCRA 96 (1987); See also Morales v.
Court of First Instance of Cavite, Br. V, 146 SCRA 373 (1986).
21 See De la Cruz v. Camon, 16 SCRA 886 (1966).

238

238 SUPREME COURT REPORTS ANNOTATED

Union Bank of the Philippines vs. Santibañez

those requirements 22or solemnities which the law prescribes for

the validity of a will.

This, of course, presupposes that the properties to be23

partitioned are the same properties embraced in the will.
In the present case,24the deceased, Efraim Santibañez, left
a holographic will which contained, inter alia, the
provision which reads as follows:

(e) All other properties, real or personal, which I own

and may be discovered later after my demise, shall
be distributed in the proportion indicated in the
immediately preceding paragraph in favor of
Edmund and Florence, my children.

We agree with the appellate court that the above-quoted is

an all-encompassing provision embracing all the properties
left by the decedent which might have escaped his mind at
that time he was making his will, and other properties he
may acquire thereafter. Included therein are the three (3)
subject tractors. This being so, any partition involving the
said tractors
25
among the heirs is not valid. The joint
agreement executed by Edmund and Florence,
partitioning the tractors among themselves, is invalid,
specially so since at the time of its execution, there was
already a pending proceeding for the probate of their late
father’s holographic will covering the said tractors.
It must be stressed that the probate proceeding had
already acquired jurisdiction over all the properties of the
deceased, including the three (3) tractors. To dispose of
them in any way without the probate court’s approval is
tantamount to divesting
26
it with jurisdiction which the
Court cannot allow. Every act intended to put an end to
indivision among

_______________

22 Vda. de Kilayko v. Tengco, 207 SCRA 600 (1992).

23 Ralla v. Untalan, 172 SCRA 858 (1989).
24 Exhibit “7”.
25 Exhibit “A”.
26 See Sandoval v. Santiago, 83 Phil. 784 (1949).

239

VOL. 452, FEBRUARY 23, 2005 239

Union Bank of the Philippines vs. Santibañez

co-heirs and legatees or devisees is deemed to be a

partition, although it should purport to be a sale, 27
an
exchange, a compromise, or any other transaction. Thus,
in executing any joint agreement which appears to be in
the nature of an extrajudicial partition, as in the case at
bar, court approval is imperative, and the heirs cannot just
divest the court of its jurisdiction over that part of the
estate. Moreover, it is within the jurisdiction of the probate
court to 28determine the identity of the heirs of the
decedent. In the instant case, there is no showing that
the signatories in the joint agreement were the only heirs
of the decedent. When it was executed, the probate of the
will was still pending before the court and the latter had
yet to determine who the heirs of the decedent were. Thus,
for Edmund and respondent Florence S. Ariola to
adjudicate unto themselves the three (3) tractors was a
premature act, and prejudicial to the other possible heirs
and creditors who may have a valid claim against the
estate of the deceased.
The question that now comes to fore is whether the
heirs’ assumption of the indebtedness of the decedent is
binding. We rule in the negative. Perusing the joint
agreement, it provides that the heirs as parties thereto
“have agreed to divide between themselves and take
possession and use the abovedescribed chattel and each of
them to assume the indebtedness corresponding to the
chattel taken as herein after stated
29
which is in favor of
First Countryside Credit Corp.” The assumption of
liability was conditioned upon the happening of an event,
that is, that each heir shall take possession and use of
their respective share under the agreement. It was made
dependent on the validity of the partition, and that they
were to assume the indebtedness corresponding to the
chattel that they were each to receive. The partition being
invalid as earlier discussed, the heirs in effect did not
receive any such

_______________

27 Article 1082, New Civil Code.

28 See Reyes v. Ysip, 97 Phil. 11 (1955).
29 See Exhibit 7.

240

240 SUPREME COURT REPORTS ANNOTATED

Union Bank of the Philippines vs. Santibañez

tractor. It follows then that the assumption of liability

cannot be given any force and effect.
The Court notes that the loan was contracted by the
decedent. The petitioner, purportedly a creditor of the late
Efraim Santibañez, should have thus filed its money claim
with the probate court in accordance with Section 5, Rule
86 of the Revised Rules of Court, which provides:

Section 5. Claims which must be filed under the notice. If not filed
barred; exceptions.—All claims for money against the decedent,
arising from contract, express or implied, whether the same be
due, not due, or contingent, all claims for funeral expenses for the
last sickness of the decedent, and judgment for money against
the decedent, must be filed within the time limited in the notice;
otherwise they are barred forever, except that they may be set
forth as counterclaims in any action that the executor or
administrator may bring against the claimants. Where an
executor or administrator commences an action, or prosecutes an
action already commenced by the deceased in his lifetime, the
debtor may set forth by answer the claims he has against the
decedent, instead of presenting them independently to the court
as herein provided, and mutual claims may be set off against
each other in such action; and if final judgment is rendered in
favor of the defendant, the amount so determined shall be
considered the true balance against the estate, as though the
claim had been presented directly before the court in the
administration proceedings. Claims not yet due, or contingent,
may be approved at their present value.

The filing of a money claim against

30
the decedent’s estate in
the probate court is mandatory. 31As we held in the vintage
case of Py Eng Chong v. Herrera:

. . . This requirement is for the purpose of protecting the estate of

the deceased by informing the executor or administrator of the
claims against it, thus enabling him to examine each claim and to
determine whether it is a proper one which should be allowed.
The

_______________

30 See De Bautista v. De Guzman, 125 SCRA 676 (1983).

31 70 SCRA 130 (1976).

241

VOL. 452, FEBRUARY 23, 2005 241

Union Bank of the Philippines vs. Santibañez
plain and obvious design of the rule is the speedy settlement of
the affairs of the deceased and the early delivery of the property
to the distributees, legatees, or heirs. ‘The law strictly requires
the prompt presentation and disposition of the claims against the
decedent's estate in order to settle the affairs of the estate 32
as
soon as possible, pay off its debts and distribute the residue.

Perusing the records of the case, nothing therein could

hold private respondent Florence S. Ariola accountable for
any liability incurred by her late father. The documentary
evidence presented, particularly the promissory notes and
the continuing guaranty agreement, were executed and
signed only by the late Efraim Santibañez and his son
Edmund. As the petitioner failed to file its money claim
with the probate court, at most, it may only go after
Edmund as co-maker of the decedent under the said
promissory notes and continuing guaranty, of course,
subject to any defenses Edmund may have as against the
petitioner. As the court had not acquired jurisdiction over
the person of Edmund, we find it unnecessary to delve into
the matter further.
We agree with the finding of the trial court that the
petitioner had not sufficiently shown that it is the
successor-in-interest of the Union Savings and Mortgage
Bank to 33which the FCCC assigned its assets and
liabilities. The petitioner in its complaint alleged that “by
virtue of the Deed of Assignment dated August 20, 1981
executed by and between First Countryside Credit 34
Corporation and Union Bank of the 35
Philippines” . . .
However, the documentary evidence clearly reflects that
the parties in the deed of assignment with assumption of
liabilities were the FCCC, and the Union Savings and
Mortgage Bank, with the conformity of Bancom Philippine
Holdings, Inc. Nowhere can the petitioner’s participation
therein as a party be found. Furthermore, no documentary
or

_______________

32 Ibid.
33 See Exhibit “G”.
34 Records, p. 4.
 35 Exhibit “G”.

242

242 SUPREME COURT REPORTS ANNOTATED

Union Bank of the Philippines vs. Santibañez

testimonial evidence was presented during trial to show

that Union Savings and Mortgage Bank is now, in fact,
petitioner Union Bank of the Philippines. As the trial court
declared in its decision:

. . . [T]he court also finds merit to the contention of defendant

that plaintiff failed to prove or did not present evidence to prove
that Union Savings and Mortgage Bank is now the Union Bank
of the Philippines. Judicial notice does not apply here. “The
power to take judicial notice is to [be] exercised by the courts
with caution; care must be taken that the requisite notoriety
exists; and every reasonable doubt upon the subject should be
promptly resolved in the 36
negative.” (Republic vs. Court of
Appeals, 107 SCRA 504).

This being the case, the petitioner’s personality to file the

complaint is wanting. Consequently, it failed to establish
its cause of action. Thus, the trial court did not err in
dismissing the complaint, and the CA in affirming the
same.
IN LIGHT OF ALL THE FOREGOING, the petition is
hereby DENIED. The assailed Court of Appeals Decision is
AFFIRMED. No costs.
SO ORDERED.

          Puno (Chairman), Austria-Martinez, Tinga and

Chico-Nazario, JJ., concur.

Petition denied, assailed decision affirmed.

Note.—Every act intended to put an end to indivision

among co-heirs and legatees or devisees would be a
partition although it would purport to be a sale, an
exchange, a compromise, a donation or an extrajudicial
settlement (Non vs. Court of Appeals, 325 SCRA 652
[2000])
 ——o0o——

_______________

36 Records, p. 521.

243

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