395 Phil. 109
"IN VIEW OF THE FOREGOING, the petition is GIVEN DUE COURSE and the assailed order of October 18, 1993, issued by the respondent court in Special Proceeding No. 90-54955 is hereby SET ASIDE and declared NULL and VOID. With costs against the private respondent."and the reinstatement of the order of the probate court, thus:
"WHEREFORE, Menandro Reselva and all those acting for or through him, is/are ordered to vacate forthwith the house and lot of the estate situated in 173 Ilaw St., Balut, Tondo, Manila, and to deliver to the executrix Milagros R. Cortes the possession thereof as well as the owner's duplicate certificate of the title thereof."The following facts, as found by the Court of Appeals, are undisputed:
"Herein petitioner Menandro A. Reselva, private respondent (petitioner in this petition) Milagros R. Cortes, and Florante Reselva are brothers and sister and children - heirs of the late spouses Teodoro T. Reselva and Lucrecia Aguirre Reselva, who died on April 11, 1989 and May 13, 1987, respectively. During their lifetime, they acquired a property particularly a house and lot consisting of 100 square meters, more or less, with address at 173 Ilaw St., Balut, Tondo, Manila. As can be gleaned from the records, Lucrecia Aguirre Reselva died ahead of Teodoro T. Reselva. The latter executed a holographic will which was probated in this case on July 31, 1991, with Milagros R. Cortes, as the appointed Executrix. After having been appointed and qualified as Executrix, she filed a motion before respondent probate court praying that Menandro A. Reselva, the occupant of the property, be ordered to vacate the property at No. 173 Ilaw St., Balut, Tondo, Manila and turn over to said Executrix the possession thereof (Annex 'D'). This is the motion which the respondent court granted in the assailed order of October 18, 1993."In the Appellate Court, the Regional Trial Court's order was set aside for having been issued beyond the latter's limited jurisdiction as a probate court.
Hence, in the 1991 case of Vita vs. Montanano we ruled:"RULE 73
"SEC. 2. Where estate upon dissolution of marriage. - When the marriage is dissolved by the death of the husband or wife, the community property shall be inventoried, administered, and liquidated, and the debts thereof paid, in the testate or intestate proceedings of the deceased spouse. If both spouses have died, the conjugal partnership shall be liquidated in the testate or intestate proceedings of either."
"(I)t is not necessary to file a separate proceeding in court for the proper disposition of the estate of Isidra Montanano. Under Rule 73, Section 2 of the Rules of Court, if both spouses have died, the conjugal partnership shall be liquidated in the testate or intestate proceedings of either. In the present case, therefore, the conjugal partnership of Isidra Montanano and Edilberto Vita should be liquidated in the testate proceedings of the latter."Consequently, this case before us should be returned to the probate court for the liquidation of the conjugal partnership of Teodoro and Lucrecia Reselva prior to the settlement of the estate of Teodoro.