The Case of the Vanishing Cousins
Can You Inherit Everything If Nobody Else Shows Up?
(Or, How Not to Hijack a Hectare While the Cousins Are Abroad)
By: Atty. Eugenio L. Riego II, LLB, MPA, REB
The Situation
Meet Tomas, a proud landowner in scenic Bataan and father to three sons: Pedro, Juan, and Tomas Jr. When Tomas passed away, he left behind a one-hectare land — not a mansion, not a mountain of cash, but a decent piece of earth large enough for three family houses and at least one basketball court.
But because life happens and everyone got busy, the brothers never got around to settling the estate. No extrajudicial settlement. No formal partition. Not even a meeting over lechon.
Instead, Pedro and Juan, the first two sons, made a success of their lives and eventually migrated abroad, leaving Tomas Jr. back home. Still, every few years, Pedro and Juan would come back to the Philippines and stay at the old family property, enjoying adobo, fresh air, and nostalgic memories.
Years rolled by. The three brothers eventually passed away, each leaving behind their own children.
Now enters the cunning next generation: Tomas III, the son of Tomas Jr. Finding that his cousins were mostly abroad and seldom around, he saw a “golden opportunity.” He connived with his two siblings and executed an Affidavit of Self-Adjudication, falsely claiming that his father, Tomas Jr., was the sole heir of Tomas Sr. You read that right — he erased Pedro and Juan from family history like a bad memory.
He then used that affidavit to transfer the title to his name. Mission accomplished. One hectare, now legally his. Or so he thought.
Then came Juan Jr., son of Juan, on one of his balikbayan vacations. After a few San Miguels and small talk with the neighbors, he learned something fishy — that the title of the land was now solely in the name of Tomas III.
When he confronted Tomas III, the latter shrugged and said:
“Eh wala na. My father was the only heir. The title is now mine. You guys don’t visit often, so baka hindi naman kayo interested. Too late na rin to contest it.”
Now the question is: Is Tomas III correct?
Can he validly claim the entire land on the basis of that self-adjudication, just because the title is already transferred and no one contested earlier?
The Legal Answer
Not so fast, Tomas III. This isn’t a telenovela where you get to be the bida and villain at the same time. Let’s break it down.
Under Philippine law, when a person dies without a will, the estate is automatically inherited by all compulsory heirs — in this case, Pedro, Juan, and Tomas Jr. They become co-owners of the property. No one — not even the loudest or most locally present heir — can claim the entire property to himself without the consent of the others.
And just because you file an Affidavit of Self-Adjudication doesn’t make it true. If you falsify such affidavit by excluding rightful heirs, that’s fraud, misrepresentation, and potentially criminal under the Revised Penal Code.
More importantly, registration of a title in your name does not cure the defect of fraud. In fact, it makes it worse. You don’t get rewarded for lying — unless you’re in a soap opera, and even then, karma arrives by episode 50.
The correct process should’ve been to execute an Extrajudicial Settlement of Estate with all heirs. Since Pedro and Juan had passed away, their children (including Juan Jr.) step into their shoes as their substitute heirs under the rules of succession.
Thus, Tomas III can’t just declare “We’re done here!” simply because he processed the title. The ownership rights of the other heirs remain, and the act of excluding them makes his title voidable or null.
The Supreme Court Case
A relevant case is the case of Rebusquillo, et al. v. Gualvez, et al., G.R. No. 204029 (2014)
The Supreme Court held that:
“The falsity of this claim renders her act of adjudicating to herself the inheritance left by her father invalid.”
The Court further said:
“The affidavit was null and void ab initio and as such, it did not transmit or convey any right of the original owners of the properties.”
In plain English:
You can’t just pretend you’re the only child and get away with it. Your cousins may be abroad, but the law is always watching — and more patient than you think.
The Court allowed the cancellation of the fraudulent title and the restoration of the rightful shares of the other heirs.
The Quick Advice
Let’s not sugarcoat this, dear readers. What Tomas III did is what we in legal circles call:
“A Grade-A Certified Pang-aagaw ng Lupa.”
Just because your cousins are abroad and rarely visit doesn’t mean you can write them off the family tree. They may be abroad physically, but their succession rights are firmly rooted in Bataan soil.
So here’s our friendly (and legally binding) advice:
- Don’t play Monopoly with actual land titles.
You can’t just build houses and take everything when the others aren’t looking. - All heirs must be included in the settlement of estate.
If someone dies intestate (without a will), all legitimate heirs — including the children of siblings who predeceased the decedent — are entitled to their legally mandated share. - Fraud doesn’t become valid just because it’s old.
There’s no expiration date on justice. Titles obtained through falsified affidavits can be cancelled, revoked, and corrected, no matter how glossy the paper. - Filing a Self-Adjudication when there are multiple heirs is not just wrong — it can be criminal.
That’s perjury, falsification of a public document, and if you think you’re safe because the others are silent — just wait for one balikbayan to ruin your week. - Settle estates early.
The longer you delay, the more tangled it gets. When everyone is alive, it’s easy to sit down and agree. But when the second and third generations start getting involved, it turns into a family courtroom drama — with half of them abroad, and the other half ready to fight.
Final Word
And finally — because we believe in kindness and family harmony:
In inheritance matters, don’t grab what’s not yours. Include everyone, be transparent, and don’t mistake physical presence for legal ownership.
Because in the end, karma comes with a sheriff and a court order.
Read the latest blog about Too Late Na ‘Yan! – When Inaction Can Cost You Property Rights
