201 Gayon v Gayon the aforesaid motion for reconsideration of the plaintiff, Mrs.

esaid motion for reconsideration of the plaintiff, Mrs. Gayon alleged, inter alia, that the
Family relations | November 26, 1970 | CONCEPCION | SSP "heirs cannot represent the dead defendant, unless there is a declaration of heirship." Inasmuch,
however, as succession takes place, by operation of law, "from the moment of the death of the
SUMMARY: A complaint (consolidation of ownership) was filed against the spouses Silvestre and decedent" and "(t)he inheritance includes all the property, rights and obligations of a person
Genoveva by Silvestre’s brother, Pedro, on July 31, 1967 although Silvestre was already dead since which are not extinguished by his death," it follows that if his heirs were included as defendants
January 6, 1954. Genoveva (sis in law) prayed for the dismissal of the case alleging that being a in this case, they would be sued, not as "representatives" of the decedent, but as owners of an
brother of the deceased Silvestre, plaintiff did not exert efforts for the amicable settlement of the aliquot interest in the property in question, even if the precise extent of their interest may still be
case. SC: Mrs. Gayon is plaintiff's sister-in-law, whereas her children are his nephews and/or undetermined and they have derived it from the decent. Hence, they may be sued without a
nieces. Inasmuch as none of them is included in the enumeration contained in said Art. 217 it follows previous declaration of heirship, provided there is no pending special proceeding for the
that the same does not come within the purview of Art. 222, and plaintiff's failure to seek a settlement of the estate of the decedent.
compromise before filing the complaint does not bar the same.
DOCTRINE: Art. 222 CC should be construed in light of Art. 217 CC ISSUE: WoN failure to seek a compromise before filing the complaint bar the same - NO
• As regards plaintiff's failure to seek a compromise, as an alleged obstacle to the present case,
• On July 31, 1967, Pedro Gayon filed said complaint against the spouses Silvestre Gayon and Art. 222 of our Civil Code provides:
Genoveva de Gayon, alleging that said spouses executed a deed (Annex "A") whereby they sold o No suit shall be filed or maintained between members of the same family unless it should
to Pedro Gelera, for the sum of P500.00, a parcel of unregistered land (barrio of Cabubugan, appear that earnest efforts toward a compromise have been made, but that the same have
municipality of Guimbal, province of Iloilo) subject to redemption within five (5) years; that said failed, subject to the limitations in article 2035.
right of redemption had not been exercised by Silvestre Gayon, Genoveva de Gayon, or any of • It is noteworthy that the impediment arising from this provision applies to suits "filed or
their heirs or successors, despite the expiration of the period therefor; that said Pedro Gelera and maintained between members of the same family." This phrase, "members of the same family,"
his wife Estelita Damaso had, by virtue of a deed of sale sold the aforementioned land to plaintiff should, however, be construed in the light of Art. 217 of the same Code, pursuant to which:
Pedro Gayon for the sum of P614.00; that plaintiff had, since 1961, introduced thereon Family relations shall include those:
improvements worth P1,000; that he had, moreover, fully paid the taxes on said property up to (1) Between husband and wife;
1967; and that Articles 1606 and 1616 of our Civil Code require a judicial decree for the (2) Between parent and child;
consolidation of the title in and to a land acquired through a conditional sale, and, accordingly, (3) Among other ascendants and their descendants;
praying that an order be issued in plaintiff's favor for the consolidation of ownership in and to the (4) Among brothers and sisters.
aforementioned property. • Mrs. Gayon is plaintiff's sister-in-law, whereas her children are his nephews and/or nieces.
• Mrs. Gayon alleged that her husband, Silvestre Gayon, died on January 6, 1954, long before the Inasmuch as none of them is included in the enumeration contained in said Art. 217 — which
institution of this case; that the deed is fictitious, for the signature thereon purporting to be her should be construed strictly, it being an exception to the general rule — and Silvestre Gayon
signature is not hers; that neither she nor her deceased husband had ever executed "any must necessarily be excluded as party in the case at bar, it follows that the same does not come
document of whatever nature in plaintiff's favor"; that the complaint is malicious and had within the purview of Art. 222, and plaintiff's failure to seek a compromise before filing the
embarrassed her and her children; that the heirs of Silvestre Gayon had to "employ the services complaint does not bar the same.
of counsel for a fee of P500.00 and incurred expenses of at least P200.00"; and that being a
brother of the deceased Silvestre Gayon, plaintiff "did not exert efforts for the amicable DISPOSITION: WHEREFORE, the order appealed from is hereby set aside and the case remanded to
settlement of the case" before filing his complaint. She prayed, therefore, that the same be the lower court for the inclusion, as defendant or defendants therein, of the administrator or executor
dismissed and that plaintiff be sentenced to pay damages. of the estate of Silvestre Gayon, if any, in lieu of the decedent, or, in the absence of such administrator
• Soon later, she filed a motion to dismiss, reproducing substantially the averments made in her or executor, of the heirs of the deceased Silvestre Gayon, and for further proceedings, not inconsistent
answer and stressing that, in view of the death of Silvestre Gayon, there is a "necessity of with this decision, with the costs of this instance against defendant-appellee, Genoveva de Gayon. It is
amending the complaint to suit the genuine facts on record." so ordered.
• Lower court issued the order appealed from:
o Considering the motion to dismiss and it appearing from Exhibit "A" annexed to the
complaint that Silvestre Gayon is the absolute owner of the land in question, and
considering the fact that Silvestre Gayon is now dead and his wife Genoveva de Gayon has
nothing to do with the land subject of plaintiff's complaint, as prayed for, this case is hereby
dismissed, without pronouncement as to costs.

ISSUE: WoN the order must be set aside -YES