Title
Acap vs. Court of Appeals
Case
G.R. No. 118114
Decision Date
Dec 7, 1995
Dispute over Lot No. 1130 ownership: heirs' waiver deemed insufficient for transfer; tenant Acap retains rights due to lack of valid ownership proof by claimant.

Case Digest (G.R. No. 146622)
Expanded Legal Reasoning Model

Facts:

  • Title and Tenancy
    • Lot No. 1130, Cadastral Survey of Hinigaran, Negros Occidental (13,720 sq.m.), was covered by OCT No. R-12179 in the names of spouses Santiago Vasquez and Lorenza Oruma. Upon their deaths, their son Felixberto inherited the title.
    • Since 1960, petitioner Teodoro Acap leased 9,500 sq.m. of that lot, paying rentals to Felixberto Vasquez, then to Cosme Pido (who acquired a “Declaration of Heirship and Deed of Absolute Sale” from Felixberto in 1975), and after Pido’s death, to his widow Laurenciana.
  • Declaration of Heirship, Adverse Claim and Lease Dispute
    • Cosme Pido died intestate in 1981. His heirs executed a notarized “Declaration of Heirship and Waiver of Rights,” adjudicating the land among themselves and quitclaiming their shares to Edy de los Reyes. De los Reyes filed it as a notice of adverse claim with the Registry of Deeds.
    • De los Reyes then demanded that Acap recognize him as owner and pay annual rent of ten cavans of palay. Acap paid 1982 rent but refused from 1983 onward. A Ministry of Agrarian Reform conference in October 1983 (attended by Acap’s wife) reaffirmed Acap’s denial of De los Reyes’s claim.
  • Proceedings Below
    • On April 28, 1988, De los Reyes sued Acap for recovery of possession and damages for non-payment of rent. Acap maintained he did not recognize De los Reyes’s title and invoked his rights under R.A. 3844 (as amended) and P.D. 27.
    • On August 20, 1991, the R.T.C. of Himamaylan ruled in favor of De los Reyes, forfeiting Acap’s preferred right under P.D. 27, ordering ejectment, and awarding damages and attorney’s fees. The Court of Appeals affirmed on May 1, 1994.

Issues:

  • Whether the “Declaration of Heirship and Waiver of Rights” is a recognized mode of acquiring ownership by private respondent over Lot No. 1130.
  • Whether the said document can be considered a deed of sale transferring ownership of the lot to private respondent.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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