Case Digest (G.R. No. L-25650)
Facts:
In Isidora L. Cabaliw de Orden v. Sotero Sadorra, decided June 11, 1975 under the 1935 Constitution, Isidora Cabaliw, second wife of Benigno Sadorra (married May 5, 1915), and their daughter Soledad, sought to recover two parcels of conjugal land in Iniangan, Dupax, Nueva Vizcaya. One parcel (14.4847 ha) was under Sales Patent/O.C.T. No. 1 in Benigno’s name; the other (1½ ha) was acquired by purchase (Tax Decls. Nos. 6209, 6642). After Benigno abandoned Isidora, she obtained a support judgment (P75/month) against him on January 30, 1933 (C. I. Manila C.C. No. 43193). Unbeknownst to her, on August 19, 1933 he conveyed both parcels to his son-in-law Sotero Sadorra by two registered deeds; O.C.T. No. 1 was cancelled for T.C.T. No. 522 in Sotero’s name. When Benigno failed to pay support, Isidora secured, May 12, 1937, a contempt order authorizing her to administer the conjugal property for arrears. On February 1, 1940 she filed C.F.I. Nueva Vizcaya C.C. No. 449 against Benigno andCase Digest (G.R. No. L-25650)
Facts:
- Parties and Marriage
- Isidora L. Cabaliw married Benigno Sadorra on May 5, 1915, acquiring conjugal partnership.
- They had one daughter, Soledad Sadorra.
- Conjugal Properties
- Parcel A (14.4847 ha) acquired by sales patent, titled to Benigno (OCT No. 1, Nueva Vizcaya).
- Parcel B (~1.5 ha) purchased, covered by Tax Declarations Nos. 6209 and 6642.
- Support Judgment and Subsequent Conveyances
- January 30, 1933: CFI Manila orders Benigno to pay Isidora ₱75/month support (from January 1, 1933) plus ₱150 attorney’s fees.
- August 19, 1933: Benigno sells both parcels to his son-in-law, Sotero Sadorra (husband of Encarnacion, Benigno’s daughter by first marriage); deeds registered, OCT No. 1 cancelled in favor of TCT No. 522.
- Contempt Proceedings and Possession Order
- May 12, 1937: CFI Manila cites Benigno for contempt and authorizes Isidora to possess and administer the conjugal property for arrears.
- Upon taking possession in Nueva Vizcaya, Isidora discovers the sale to Sotero.
- First Recovery Suit and Lis Pendens
- February 1, 1940: Isidora files CFI Nueva Vizcaya Civil Case No. 449 against Benigno and Sotero to annul the sale as fictitious; files notice of lis pendens.
- May 1940: Benigno dies.
- June 7, 1948: Register of Deeds cancels lis pendens upon Sotero’s affidavit falsely claiming Isidora was deceased and that Case No. 449 was decided in his favor.
- Second Recovery Suit and Trial Court Decision
- October 1, 1954: Isidora and Soledad file CFI Nueva Vizcaya Civil Case No. 634 to recover both parcels; annotate cautionary notice and lis pendens.
- November 22, 1955: Amended complaint adds Benigno’s children by first marriage; prays to declare sales void, recover possession, and partition the land among heirs.
- Intervention by purchasers of subdivided portions.
- Trial court holds the deeds simulated and fictitious; upholds intervenors who purchased before lis pendens; orders partition of remaining unsold lands among plaintiffs and defendants.
- Appeal to Court of Appeals
- Spouses Sotero and Encarnacion and dismissed intervenors appeal.
- November 29, 1965: Court of Appeals reverses trial court by 3–2 vote and dismisses Isidora’s complaint, upholding the validity of the public deeds and applying the husband’s power to dispose of conjugal property under old Art. 1413 Civil Code.
- Petition for Review to the Supreme Court
- Petitioners assign errors, chiefly that the CA erred in not presuming fraud in the conveyance shortly after the support judgment.
- The Supreme Court grants review.
Issues:
- Whether the sale by Benigno to his son-in-law shortly after the support judgment is presumed fraudulent under Article 1297 of the old Civil Code.
- Whether the Court of Appeals correctly upheld the deeds of sale based on (a) the presumption of regularity of public documents and (b) the husband’s power under Article 1413 to alienate conjugal property without the wife’s consent.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)