Case Digest (G.R. No. L-47354)
Facts:
The case involves petitioners Horacio G. Adaza and Felicidad Marundan against respondents Violeta G. Adaza, assisted by her husband Lino Amor. The events leading to the case began with the lawful marriage of Victor Adaza and Rosario Gonzales, which produced six children, including the petitioners and respondents. Victor Adaza, Sr. passed away in 1956, and his wife followed in 1971. In 1953, Victor Adaza, Sr. executed a Deed of Donation, transferring a 13.3618-hectare parcel of land located in Sinonok, Dapitan City, Zamboanga del Norte, to his daughter Violeta, who was single at the time. This donation was acknowledged before a notary public. Violeta later filed a homestead application for the land, which was approved, leading to the issuance of an Original Certificate of Title in her name in 1960.
In 1962, Violeta and her husband secured a loan from the Philippine National Bank, mortgaging the land. The property was managed by Violeta's brother, Homero Adaza. In 1971, ...
Case Digest (G.R. No. L-47354)
Facts:
- Victor Adaza, Sr. and Rosario Gonzales, a legally wed couple, had six children: Horacio, Homero, Demosthenes, Violeta, Teresita, and Victor, Jr.
- During his lifetime, Victor Adaza, Sr. executed a Deed of Donation on 10 June 1953, donating a parcel of land in Sinonok, Dapitan City, Zamboanga del Norte, spanning 13.3618 hectares, in favor of his daughter Violeta.
- Notably, the Deed of Donation contained a paragraph—later crossed-out—that originally stated the donee would share one-half of the property with one of her siblings after the donor’s death, implying an intended co-ownership.
Family Background and Donation of Land
- Violeta accepted the donation in the same instrument before a notary public, even though the land was part of the public domain and had been long cultivated by Victor Adaza, Sr.
- Violeta filed a homestead application covering the donated parcel, which was approved; a free patent was issued on 3 October 1956 and an Original Certificate of Title (OCT No. P-11111) was subsequently issued on 26 January 1960.
- Tax Declaration No. 9808 recorded the property under Violeta’s name, although later transactions would indicate shared interests.
Land Registration and Subsequent Transactions
- In 1971, during a family gathering at Horacio’s house in Dapitan City, petitioner Horacio Adaza requested that Violeta sign a Deed of Waiver.
- The Deed of Waiver, executed on 28 July 1971 in the presence of Horacio, Homero, Victor, Jr., Teresita, and an aunt, Pilar Adaza Soller, acknowledged that the property titled solely in Violeta’s name was actually held in common with her brother Horacio.
- By signing the Deed, Violeta voluntarily waived, transferred, and conveyed her rights, interest, and ownership over one-half of the parcel in favor of Horacio.
Execution of the Deed of Waiver
- In 1962, Violeta, together with her husband Lino Amor, secured a loan from the Philippine National Bank by mortgaging the land covered by OCT No. P-11111.
- Horacio, appointed as Provincial Fiscal of Davao Oriental in 1967, had been managing his dealings with the family property, and his presence became more prominent during subsequent family interactions.
- A few months after executing the Deed of Waiver, on 12 October 1971, Violeta (joined by her husband) filed a complaint (Civil Case No. 2213) seeking the annulment of the Deed of Waiver on grounds of fraud, misrepresentation, and undue influence, and claimed damages.
Subsequent Loan, Mortgage, and Litigation
- The trial court, on 31 May 1974, upheld the validity of the Deed of Waiver and declared Horacio the owner of one-half of the land, ordering Violeta to compensate Horacio from the income of the property.
- Unhappy with the ruling, Violeta and her husband appealed before the Court of Appeals, which reversed the decision on the basis that the Deed of Waiver was without cause or consideration, emphasizing that the donation was unconditional.
- On petition for review, Horacio maintained that the Deed of Donation, when read in light of the crossed-out paragraph and other evidences (including letters acknowledging co-ownership), created an implied trust in favor of his equal share of the property.
Trial Court and Appellate Proceedings
Issue:
- Whether the land donated solely to Violeta by the Deed of Donation was intended to be held in common with her brother Horacio by way of an implied trust.
- Whether the crossing-out of the sharing clause in the Deed of Donation and the subsequent execution of the Deed of Waiver evidence the donor’s intent for co-ownership.
Determination of Actual Ownership and Co-ownership
- Whether Violeta’s signature on the Deed of Waiver was procured through fraud, misrepresentation, or undue influence by her brother Horacio.
- Whether the waiver, transfer, and conveyance of one-half of the property by Violeta was voluntary and legally effective despite the doubts raised on its formulation.
Validity of the Deed of Waiver
- Whether Horacio’s delay in seeking reconveyance or partition of his alleged one-half share of the property bars his claim due to laches or prescription.
- How the familial relationship and the existence of an implied trust affect the strict application of the doctrines of laches and prescription in this context.
Application of Laches and Prescription
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)