G.R. No. L-5549 February 26, 1954
IN RE: TRANSFER CERTIFICATE OF TITLE NO. 14123. TIRSO T. REYES, as guardian of the minors AZUCENA, FLOR-DE-LIS and TIRSO, JR. all surnamed REYES Y BARRETTO, petitioners-appellants, vs. MILAGROS BARRETTO-DATU, oppositor-appellant.

FACTS

Bibiano Barretto died in 1936. In the testate proceedings for his estate, Salud Barretto and the minor Lucia Milagros Barretto were declared his children and heirs. A project of partition was signed by Salud Barretto, the minor Milagros Barretto, and Maria Gerardo (Bibiano’s surviving spouse), with Maria Gerardo signing “on her own behalf and as guardian for the minor, Milagros Barretto.” This project of partition was approved by the court in 1939 and filed with the register of deeds in 1940, but the transfer certificate of title in Bibiano’s name was never cancelled. Maria Gerardo died in 1948. In her estate proceedings, a will she purportedly executed was probated, stating that her only child with Bibiano was Lucia Milagros Barretto. In 1951, Tirso T. Reyes, as guardian of the minors Azucena, Flor-de-lis, and Tirso, Jr. (who are co-owners of an undivided one-half share, having acquired Salud Barretto’s share), filed a petition in a registration case for the cancellation of the old title and issuance of a new one in the names of the minors and Milagros Barretto. Milagros Barretto opposed, arguing (a) the project of partition was null and void because she was a minor when she signed it and Maria Gerardo was not authorized to sign on her behalf, and (b) according to Maria Gerardo’s will, Salud Barretto was not a daughter of Bibiano Barretto. The lower court overruled the objections and issued the orders for cancellation and issuance of a new title, prompting Milagros Barretto’s appeal.

ISSUE

Whether the order approving the project of partition in the testate proceedings of Bibiano Barretto can be collaterally attacked in the subsequent registration proceeding.

RULING

No. The order approving the project of partition, which had become final and executory, cannot be collaterally attacked. A collateral attack is permissible only if the judgment or order is null and void for lack of jurisdiction over the subject matter or parties, and such defect must appear on the face of the record. In this case, the record of the testate proceedings shows Maria Gerardo signed the project of partition as guardian of the minor Milagros Barretto. The mere statement that guardianship proceedings were pending does not negate her appointment; it implies the proceedings had begun, which includes guardian appointment. Thus, no jurisdictional defect is apparent on the record. The new allegation, based on Maria Gerardo’s will, that Salud Barretto was not a daughter of Bibiano, is an extraneous matter not appearing in the record of the partition case and cannot be considered in a collateral attack. The orders of the lower court are affirmed.