"First. While the RTC may have made a definitive ruling on petitioner's adoption, as well as the forgery of Eligia's signature on the questioned deed, no partition was decreed, as the action was, in fact, dismissed. Consequently, the declaration that petitioner is the legally adopted child of Maximino and Eligia did not amount to a declaration of heirship and co-ownership upon which petitioner may institute an action for the amendment of the certificates of title covering the subject land. More importantly, the Court has consistently ruled that the trial court cannot make a declaration of heirship in an ordinary civil action, for matters relating to the rights of filiation and heirship must be ventilated in a special proceeding instituted precisely for the purpose of determining such rights.49."
See -
HILARIA BAGAYAS,
Petitioner,
-versus-
ROGELIO BAGAYAS,
FELICIDAD BAGAYAS,
ROSALINA . BAGAYAS,
MICHAEL BAGAYAS, and
MARIEL BAGAYAS,
Respondents.
G.R. Nos. 187308 & 187517
Promulgated: SEP 1 8 2013
