Case Digest (G.R. No. 84873)
Facts:
In Nora B. Calalang-Parulan and Elvira B. Calalang v. Rosario Calalang-Garcia, Leonora Calalang-Sabile, and Carlito S. Calalang (G.R. No. 184148, June 9, 2014), the petitioners are daughters of the late Pedro Calalang by his second wife, Elvira B. Calalang, while the respondents are his children by his first wife, the late Encarnacion Silverio. The dispute involves a 1,266-sq.-m. parcel identified as Lot 1132, Cad. 333, Bigaa Cadastre in Brgy. Burol 2nd, Balagtas, Bulacan. The respondents alleged that their parents acquired the property by succession from Francisca Silverio but failed to register it. After Encarnacion’s death in 1942, Pedro remarried and in 1974 secured an Original Certificate of Title (OCT) No. P-2871 in his name alone, concealing his earlier marriage and children. In 1984, Pedro and Elvira executed a Deed of Sale transferring the lot to their daughter, Nora, who obtained Transfer Certificate of Title (TCT) No. 283321. Pedro died in 1989, and on June 10, 1991, ...Case Digest (G.R. No. 84873)
Facts:
- Background and Parties
- Petitioners: Nora B. Calalang-Parulan and Elvira B. Calalang.
- Respondents: Rosario Calalang-Garcia, Leonora Calalang-Sabile, and Carlito S. Calalang.
- Subject: Lot 1132, Cad. 333, Bigaa Cadastre, Brgy. Burol 2, Balagtas, Bulacan (1,266 sqm).
- Property Acquisition and Transactions
- First marriage of Pedro Calalang and Encarnacion Silverio
- Alleged purchase of the lot from maternal grandmother Francisca Silverio; no registration.
- Encarnacion died on June 7, 1942, dissolving the conjugal partnership.
- Second marriage of Pedro Calalang and Elvira B. Calalang
- Free patent application filed in 1974, claiming sole ownership since 1935; OCT No. P-2871 issued solely to Pedro.
- On February 17, 1984, Pedro and Elvira executed a Deed of Sale conveying the lot to their daughter Nora; TCT No. 283321 issued to Nora.
- Pedro died on December 27, 1989.
- Procedural History
- RTC, Branch 21, Malolos, Bulacan (July 10, 2001)
- Annulled the sale; ordered reconveyance of 3/4 of 1/2 of the lot (474.75 sqm) to respondents.
- Awarded moral damages (₱50,000), attorney’s fees (₱50,000), litigation expenses (₱50,000).
- CA, 13th Division (Dec. 21, 2007)
- Held Pedro was sole owner; reconveyance of half of the lot (633 sqm) equally to respondents.
- Upheld indefeasibility of OCT No. P-2871; found no prescription.
- CA Resolution (July 25, 2008): denied petitioners’ motion for reconsideration.
- Petition for review on certiorari filed before the Supreme Court.
Issues:
- Title Ownership and Nature of Property
- Did Pedro Calalang hold exclusive title to the lot prior to its sale to Nora?
- Did the lot form part of the conjugal partnership of his first or second marriage?
- Successional Rights and Alleged Fraud
- Were respondents entitled to successional rights from Encarnacion Silverio’s death in 1942?
- Was the free patent or the subsequent sale tainted by fraud or simulation?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)