FACTS:

The petitioners filed a complaint against the respondent for Cancellation of Title and Reconveyance with Damages. They alleged that they are the lawful heirs of Magdaleno Ypon who died intestate and childless. They claimed that Gaudioso, the respondent, executed an Affidavit of Self-Adjudication and caused the cancellation of the transfer certificates of title, transferring the properties to his name. The respondent, in his answer, alleged that he is the lawful son of Magdaleno and provided supporting documents. The RTC dismissed the case, stating that the complaint failed to state a cause of action against the respondent.

ISSUES:

1. Whether or not the RTC's dismissal of the case on the ground that the subject complaint failed to state a cause of action was proper.

RULING:

1. The petition has no merit. Cause of action is determined by the allegations in the complaint. The plaintiffs alleged that they are the lawful heirs of Magdaleno and based on this, prayed for certain reliefs. However, the determination of a decedent's lawful heirs must be made in the proper special proceeding and not in an ordinary suit for cancellation of title and reconveyance. The court cannot make a declaration of heirship in a civil action for recovery of ownership and possession, as stated in previous jurisprudence. The court may dispense with a separate special proceeding in some cases, but no such exception applies to this case. Therefore, the dismissal of the case was proper. The RTC erred in ruling on Gaudioso's heirship, as this should be determined in the special proceeding.