Case Digest (G.R. No. 211034)
Facts:
Mario Chiong Bernardo, in his behalf and in behalf of all the heirs of the late Jose Chiong, G.R. No. 211034, and Josefina L. Bernardo, Leticia L. Bernardo, Felix Bernardo, and Marcelo San Juan v. Jose C. Fernando, et al., G.R. No. 211076, November 18, 2020, Supreme Court First Division, Caguioa, J., writing for the Court.The dispute concerns five parcels of land covered by TCT Nos. RT-26575, RT-26580, RT-26578, RT-26577 and RT-26576 (the subject properties). In 1925 the late Jose Chiong purportedly executed a Deed of Donation in favor of Jose Chiong Fernando (predecessor-in-interest of respondents). In June 2002 respondents executed an "Affidavit of Identity (Heirs)" claiming the properties as heirs of Jose Chiong and caused the titles to be issued in their names (TCT Nos. T-165083 to T-165087).
On September 25, 2003 Mario (on behalf of the heirs of the late Jose Chiong) filed Civil Case No. 194-M-2003 (Annulment, Reconveyance and Accounting) against respondents before the Regional Trial Court (RTC), Malolos, Bulacan, Branch 84. On November 17, 2003 Josefina, et al. (joined by heirs of Gregorio Domingo as unwilling co-plaintiffs) filed Civil Case No. 853-M-2003 (Recovery of Ownership and Possession; Declaration of Heirship and Partition) before RTC, Branch 82, alleging that they are grandchildren of Jose Chiong through Barbara Chiong (Barbara) and thus entitled to the properties. Respondents countered, asserting title by donation to Jose Chiong Fernando and the 2002 Affidavit.
The RTC consolidated the two cases and, after trial, issued a Consolidated Decision dated November 10, 2008, in favor of petitioners: it declared the 2002 Affidavit null and void, ordered reconveyance of the five properties to petitioners and assessed costs. The RTC credited Barbara’s birth and baptismal certificates and petitioners’ testimonial admissions as proving legitimate filiation; it also disbelieved respondents’ claimed donation absent documentary proof and found the Affidavit defective.
Respondents appealed to the Court of Appeals (CA) which, in a Decision dated November 7, 2013 (Special Sixteenth Division), reversed the RTC and dismissed both consolidated cases for lack of cause of action, holding that petitioners failed to prove Barbara’s legitimate filiation to Jose Chiong. Motions for reconsideration were denied by the CA on January 27, 2014. ...(Subscriber-Only)
Issues:
- Do petitioners have standing to assert the legitimate filiation of Barbara Chiong to the late Jose Chiong?
- Did petitioners prove Barbara’s legitimate filiation to Jose Chiong and thus establish a cause of action to annul the 2002 Affidavit, reconvey the subject properties, and ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)