Case Digest (G.R. No. 79958)
Facts:
Emiliana Bautista, as Heir of the Late Manuel Bautista, and Evangeline Bautista v. Hon. Justices Carolina C. Grino‑Aquino, Manuel T. Reyes, and Jaime M. Lantin, Hon. Pedro JL. Bautista, Manolito Bautista, et al., G.R. No. 79958, October 28, 1988, the Supreme Court First Division, Gancayco, J., writing for the Court.
Petitioners Emiliana Bautista (heir of the late Manuel Bautista) and Evangeline Bautista filed Civil Case No. 4033‑P in the Court of First Instance of Rizal seeking to annul a Deed of Extrajudicial Partition dated December 22, 1966, an alleged Deed of Absolute Sale, various Transfer Certificates of Title (T.C.T. Nos. 14182, 14186 and 15665, among others), and Tax Declaration No. 5147 as null and void. The challenged instruments concerned land originally registered as T.C.T. No. 2210 in the name of Manuel Bautista, which he had inherited from his father, Mariano Bautista.
The parties executed an Agreed Stipulation of Facts (dated December 15, 1975, submitted January 6, 1976) admitting, inter alia, that (1) the land was registered in Manuel Bautista’s name under T.C.T. No. 2210; (2) a Deed of Extrajudicial Partition dated December 22, 1966, was executed and recorded, with private respondents as signatories while Manuel denied signing it; (3) registration of the partition resulted in cancellation of T.C.T. No. 2210 and issuance of T.C.T.‑T‑14182; (4) subsequent deeds of sale among private respondents and to Manolito Bautista led to several new titles (T.C.T. Nos. T‑14186 and T‑15665 to T‑15671); (5) Manuel had a second wife, Emiliana Tamayo, and a daughter Evangeline (born April 29, 1949); and (6) the parties submitted the questioned signature to the NBI, which concluded the signature was authentic.
On January 14, 1983, the Court of First Instance dismissed petitioners’ complaint with costs. The Special First Division of the Court of Appeals, in CA‑G.R. CV No. 03631 (opinion penned by Presiding Justice Carol...(Pro-only)
Issues:
- Can property that is the exclusive ownership of the surviving husband be the subject of an extrajudicial partition of the estate of the deceased wife?
- If the extrajudicial partition is void, are subsequent transfers and titles that flowed from it likewise void and subject to cancellation and restoration of the original title?
- Is the action to annul the partition and recover the property barred by prescription, or otherwise subject to dismiss...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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