MANGALIMAN vs. GONZALES, 36 SCRA 462 (1970)

FACTS: Mangaliman was an illegitimate daughter of Alejandro Gonzales. In a letter, she was given a legacy of 1/8 undivided portion of Hacienda Evangelista, but since she was still a minor then, her share was placed under the guardianship of her half- brother Alejandro Gonzales, Jr. Respondent- apellee, Manuel Gonzales is a legitimate son of the testator and the administrator of the estateHacienda Evangelista, however, for alleged failure of the other heirs to pay the aforesaid amount, was levied upon and subsequently sold by the probate court. A final deed of sale was issued to respondent a year later after the failure of the petitioners guardian to redeem her undivided share.In April 1962, petitioner already of age, filed a petition before the same probate court for the reconveyance of her 1/8 undivided share contending that respondent had obtained the subsequent writs of execution through fraud and misrepresentations.Probate court ruled that respondent may not be divested of title under a probate proceeding but in an independent suit filed with competent court. Hence this appeal by petitioner.

ISSUE/S:Whether CFI, as probate court, has jurisdiction to entertain a petitioners motion for reconveyance

HELD:NO. the CFI, acting as a probate court, has limited jurisdiction and cognizance of matters of probate both testate and intestate. But this should be understood to comprehend only cases related to those powers specified by law, and cannot extend to the adjudication of collateral matters.The petition for reconveyance has given rise to a controversy involving rights over a real property which would require the presentation of evidence and the determination of legal question that should be ventilated in a court of general jurisdiction.