Case Digest (G.R. No. 209264)
Facts:
Damaso T. Ambray and Ceferino T. Ambray, Jr. v. Sylvia A. Tsourous, et al., G.R. No. 209264, July 05, 2016, Supreme Court First Division, Perlas-Bernabe, J., writing for the Court. Petitioners Damaso T. Ambray and Ceferino T. Ambray, Jr. (collectively, petitioners) hold Transfer Certificate of Title No. T-41382 covering Lot 2-C of subdivision plan Psd-04-009554. The property originally formed part of Lot 2 (TCT No. T-11259) owned by Ceferino Ambray, Sr. and Estela Trias; Lot 2 was mortgaged in 1977 and the mortgage discharged in 1984, and Lot 2 was subdivided in August 1984 into Lots 2-A, 2-B and 2-C, with Lot 2-C later registered in Ceferino, Sr.’s name (TCT No. T-22749).Respondents are siblings of petitioners (except Sylvia A. Tsourous, who later died and was substituted by heirs) and heirs of Ceferino, Sr. and Estela. Respondents challenged petitioners’ title on the basis of a notarized Deed of Absolute Sale dated January 16, 1978, which purportedly conveyed “a portion of Lot 2” to petitioners for P150,000 but was registered only on February 5, 1996 and resulted in issuance of TCT No. T-41382 in petitioners’ names.
Respondents first filed a criminal complaint for falsification (People of the Philippines v. Damaso T. Ambray and Ceferino T. Ambray, Criminal Case No. 39153) before the MTCC of San Pablo City; the MTCC acquitted petitioners on October 30, 2000 for failure of the prosecution to prove guilt beyond reasonable doubt. Thereafter respondents filed Civil Case No. SP-5831(01) for annulment of title, reconveyance and damages against petitioners and Estela, alleging the Deed of Sale and TCT No. T-41382 were null due to forged signatures.
The RTC initially dismissed the civil complaint on res judicata grounds in an Order dated June 6, 2002; on appeal the Court of Appeals (CA) reversed in CA-G.R. CV No. 75507 (Decision, September 29, 2005) and remanded for further proceedings. During trial Estela testified in the prior falsification case identifying the signatures as hers and Ceferino, Sr.’s, but she died on August 15, 2002; respondents introduced an NBI questioned documents report (Report No. 266-397, March 24, 1997) opining the signatures were not by the same hand.
On June 11, 2010 the Regional Trial Court (RTC), Branch 32, San Pablo City, in Civil Case No. SP-5831(01) declared the Deed of Sale and TCT No. T-41382 null and void, reconveyed Lot 2-C to the heirs and ordered cancellation of TCT No. T-41382. The RTC found the Deed spurious (citing that Lot 2 was subdivided only in 1984, belated registration, acts by Ceferino, Sr. inconsistent with ownership transfer, and dubiety surrounding the document). Both parties appealed to the CA.
In a Decision dated April 25, 2013 (CA-G.R. CV No. 95606) the CA affirmed the RTC’s nullification of the Deed and TCT...(Subscriber-Only)
Issues:
- Did the Court of Appeals err in affirming the RTC’s nullification of the January 16, 1978 Deed of Sale and Transfer Certificate of Title No. T-41382 covering Lo...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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