Case Digest (G.R. No. 182252)
Facts:
Jose Norberto Ang v. The Estate of Sy So, G.R. No. 182252, August 03, 2016, the Supreme Court First Division, Sereno, C.J., writing for the Court.Petitioner Jose Norberto Ang was the ward (christened under that name) of respondent Sy So, a Chinese citizen who in the 1930s–1940s maintained a sari-sari store and other commercial activities. In the early 1940s respondent acquired two contiguous parcels in Grace Park, Caloocan (TCT Nos. 73396 and 10425) but registered the titles in petitioner’s name when he was a child, following a Chinese tradition of registering property in the eldest male’s name. Respondent allegedly built and paid for apartment improvements on the lots and kept the titles locked, though she gave petitioner a photocopy of TCT No. 10425 for tenant purposes. Petitioner later filed for duplicate certificates and, in 1971, sold the 11th Avenue lot (TCT No. 10425).
Respondent brought an action in the Regional Trial Court (RTC), Branch 130, Caloocan City, on 9 June 1993 seeking transfer of trusteeship (to Tony Ang), reconveyance of title (cancellation/removal of petitioner’s name in TCT No. 73396), annulment of an alleged fraudulent sale, and damages, alleging an implied trust and that she had paid for the properties and improvements. Petitioner countered that the properties were purchased with funds from his foster father and that he had long possessed the properties while shouldering taxes.
The RTC, after trial, rendered a Decision dated 23 May 2005 dismissing respondent’s complaint and counterclaim for failure to prove claims by a preponderance of evidence and confirming titles in petitioner’s name. Respondent appealed to the Court of Appeals (CA). The CA, in a Decision dated 25 July 2007, partially granted the appeal: it denied reimbursement for the 11th Avenue lot (TCT No. 10425) on prescription grounds, but declared respondent the true owner of the 10th Avenue lot (TCT No. 73396) and ordered petitioner to reconvey that property to respondent and to pay costs. The CA found an implied trust under Article 1448 of the New Civil Code inapplicable as a disputable presumption because petitioner had not been legally adopted; it also treated the RTC ruling as not a collateral attack on Torrens title and held the action for reconveyance imprescriptible insofar as respondent remained in possession.
Petitioner sought reconsideration before the CA, which was denied by Resolution dated 27 March 2008, and then filed a Rule 45 petition with the Supreme Court. While the petition was pending, the Court received notice of Sy So’s death (9 October 2008) and counsel for respondent moved to substitute Tony Ang as representative of the Estate; petitioner opposed substitut...(Subscriber-Only)
Issues:
- Whether the substitution of Tony Ang for the deceased respondent Sy So is proper and preserves the action.
- Whether respondent Sy So may be ordered reconveyance of the property covered by TCT No. 73396, given her status as a Chinese citizen who acquired the property in 1944 during the effectivi...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)