Case Digest (G.R. No. L-6636)
Facts:
The case of Damaso Cabuyao vs. Domingo Caagbay, et al. (G.R. No. L-6636) arose from a civil action filed by Damaso Cabuyao, the plaintiff-appellant, against Domingo Caagbay and other defendants, who are his relatives. The case was initiated on April 9, 1952, in the Court of First Instance of Quezon. Damaso claimed to be the "lone compulsory heir" of the deceased spouses Prudencio Cabuyao and Dominga Caagbay, who left behind eleven parcels of land. He alleged that he had adjudicated these properties to himself under Section 1 of Rule 74 of the Rules of Court. However, he was unable to secure the corresponding transfer certificates of title because the original owner's duplicate certificates were being withheld by the defendants, who had also taken possession of the lands and were unlawfully using them. Damaso sought a preliminary injunction to prevent the defendants from continuing their possession and to compel them to vacate the properties, return them to him, ...
Case Digest (G.R. No. L-6636)
Facts:
Parties Involved:
- Plaintiff-Appellant: Damaso Cabuyao, claiming to be the "lone compulsory heir" of the deceased spouses Prudencio Cabuyao and Dominga Caagbay.
- Defendants-Appellees: Domingo Caagbay, Eugenio Caagbay, and other Caagbay family members (Vicente, Ireneo, Antonio, Emilio, Aurea, and Feliza).
Subject Matter:
- The case involves eleven (11) parcels of land originally owned by the deceased spouses Prudencio Cabuyao and Dominga Caagbay.
- Plaintiff alleged that he had adjudicated the properties to himself through an extrajudicial settlement under Section 1 of Rule 74 of the Rules of Court but could not obtain transfer certificates of title because the defendants withheld the original owner's duplicate certificates.
Claims and Allegations:
- Plaintiff claimed that the defendants unlawfully took possession of the lands and refused to surrender the titles.
- He sought a writ of preliminary injunction, recovery of possession, indemnification for damages, removal of clouds on his title, and cancellation of the defendants' titles.
Procedural History:
- The case was filed on April 9, 1952, as an "Unlawful Entry and Detainer" case.
- Defendants moved to dismiss for lack of jurisdiction, leading to multiple amended complaints.
- The trial court dismissed the case on July 22, 1952, ruling that no action could be maintained without a judicial declaration of heirship.
Evidence Presented:
- Plaintiff submitted an affidavit of extrajudicial adjudication (Exhibit A), death certificates of the deceased spouses (Annexes A and B), and his baptismal certificate (Annex C) to prove his status as the sole heir.
Issue:
Primary Issue:
- Whether the plaintiff, Damaso Cabuyao, can maintain an action to recover the properties and quiet his title without a prior judicial declaration of heirship.
Subsidiary Issues:
- Whether the trial court erred in dismissing the case for lack of a judicial declaration of heirship.
- Whether the plaintiff's extrajudicial adjudication under Rule 74 of the Rules of Court is sufficient to establish his right to the properties.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Conclusion:
The Supreme Court ruled in favor of the plaintiff, holding that he could maintain the action to recover the properties and quiet his title without a prior judicial declaration of heirship. The case was remanded to the trial court for further proceedings.