Title
Cabuyao vs. Caagbay
Case
G.R. No. L-6636
Decision Date
Aug 2, 1954
Plaintiff, claiming sole heirship, sought recovery of 11 parcels of land via extrajudicial settlement; Supreme Court ruled judicial declaration of heirship unnecessary, remanding for further proceedings.
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Case Digest (G.R. No. L-6636)

Facts:

  1. 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).
  2. 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.
  3. 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.
  4. 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.
  5. 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:

  1. 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.
  2. 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.


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