Facts:

In the case of Lolita Bas Capablanca v. Heirs of Pedro Bas, G.R. No. 224144, decided on June 28, 2017, the petitioner Lolita Bas Capablanca initiated a Petition for Review challenging the Decision dated March 12, 2014, and Resolution dated March 15, 2016, of the Court of Appeals (CA), Nineteenth Division, Cebu City. The CA's ruling reversed the December 26, 2007, Decision of Branch 8 of the Regional Trial Court (RTC) of Cebu City, which favored the petitioner. The property in contention is Lot 2535 of the Talisay-Minglanilla Friar Land's Estate, situated in Biasong, Dumlog, Talisay, Cebu, with an area of 6,120 square meters.

Originally, Andres Bas and Pedro Bas acquired Lot 2535, with Patent No. 1724 issued on May 12, 1937. On November 28, 1939, Pedro sold his portion to Faustina Manreal, evidenced by a notarized Deed of Sale. After the death of Faustina, an extra-judicial declaration was executed in 1963, transferring a portion of the lot to Alejandra Balorio, who subse

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Facts:

Description and Origin of Lot 2535

• The subject of the litigation is Lot 2535 of the Talisay-Minglanilla Friar Land’s Estate, located in “Biasong, Dumlog, Talisay, Cebu” with an area of 6,120 square meters.
• Andres Bas and Pedro Bas originally acquired the lot, with Patent No. 1724 issued in their names on May 12, 1937.

Transactions Involving the Property

• On November 28, 1939, Pedro Bas sold his portion of Lot 2535, described with a “seeding capacity of four (4) chupas of com,” to Faustina Manreal, married to Juan Balorio, evidenced by a notarized Deed of Sale.
• Following the death of Faustina and her husband, their heirs executed an Extra-Judicial Declaration of Heirs and Deed of Absolute Sale dated March 13, 1963, conveying “1,000 square meters, more or less” of the lot to Alejandra Balorio.
• Alejandra subsequently sold the land through a Deed of Absolute Sale dated June 13, 1967 to Edith N. Deen, who in turn transferred it to Atty. Eddy A. Deen on March 21, 1968.

Subsequent Transfer and Possession

• After Atty. Deen’s death on December 18, 1978, his heirs carried out an extra-judicial settlement of the estate, which initially did not include Lot 2535.
• On March 30, 1988, through an Additional Extra-Judicial Settlement with an Absolute Deed of Sale, the heirs sold Lot 2535 for P10,000.00 to Norberto B. Bas, who then took possession and constructed a house on it.

Inheritance and Conflicting Titles

• Norberto B. Bas died on December 15, 1995, and was succeeded by his niece and only heir, Lolita Bas Capablanca.
• Lolita later discovered that a Transfer Certificate of Title (TCT) No. T-96676, dated June 6, 1996, had been issued in the names of Andres and Pedro Bas based on a reconstituted Deed of Conveyance No. 96-00004.
• In October 1996, Josefina Bas Espinosa, representing the heirs of Pedro Bas, filed a complaint for clarification of ownership against Lolita before the Lupong Tagapamayapa of Barangay Biasong, Talisay, Cebu, which was not resolved.

Partition and Further Title Issuances

• On December 16, 1996, a notarized Partition Agreement of Real Property, Quitclaim and Waiver of Rights was executed between the heirs of Andres and Lolita, thereby partitioning Lot 2535.
• Lolita’s attempt to register her portion was denied by the Register of Deeds of Cebu, pending a court order.
• Subsequently, TCT Nos. T-100181, T-100182, T-100183, and T-100185 were issued on May 29, 1997 in the name of the heirs of Pedro Bas, represented by Josefina.

Initiation of Legal Proceedings

• On December 16, 1997, Lolita filed a complaint before the Regional Trial Court (RTC) of Cebu City seeking the cancellation of the disputed TCTs, along with moral and exemplary damages, attorney’s fees, and litigation expenses.
• In their Answer, the heirs of Pedro Bas claimed that the 1939 sale was “fake, spurious and invalid” on the ground that Pedro, being illiterate, could not have validly signed the deed, and also asserted that the cancellation of TCT No. T-96676 was based on a final judgment in Civil Case No. 840 regarding partition and damages.

Trial Court Decision and Its Aftermath

• The RTC Branch 8 rendered a Decision on December 26, 2007 in favor of Lolita, finding substantial evidence of her long possession under a claim of ownership as the heir of Norberto Bas.
• The RTC held that the notarized Deed of Sale from 1939 was valid and that the characterization of Pedro’s portion (originally estimated at 1,000 square meters) was clarified by a later survey showing 3,060 square meters.
• Consequently, the RTC declared the titles issued in favor of the heirs of Pedro Bas null and void and ordered their cancellation, also noting that the earlier judgment in Civil Case No. 840 was not binding on Lolita.

Appeal and Reversal

• The heirs of Pedro Bas appealed the RTC decision to the Court of Appeals, contending that Lolita should first be judicially declared as the sole heir to Norberto Bas before she could sue.
• The Court of Appeals reversed the RTC decision and dismissed Lolita’s complaint on the basis that her claim was predicated on her status as a legal heir, which they argued had not been judicially established.

Petition for Review

• Lolita, as petitioner, filed a Petition for Review, arguing that the Court of Appeals erred in applying the doctrine from Heirs of Yaptinchay v. Del Rosario, claiming the factual context here was different since her claim was based on the sale transaction and subsequent transfers rather than a mere claim of heirship.
• She also contended that respondents had waived the objection by not raising the issue earlier either as an affirmative defense or in a motion to dismiss.
• The Supreme Court granted the petition, reinstated the RTC decision, and held that no separate proceeding for a judicial declaration of heirship was required, as the dispute centered on the validity of the 1939 sale.

Issue:

Requirement of a Judicial Declaration of Heirship

• Whether the petitioner (Lolita Bas Capablanca) needed to obtain a separate judicial declaration of heirship before filing an action for cancellation of transfer certificates of title.
• Whether the absence of such a declaration should lead to the dismissal of her complaint.

Validity of the 1939 Deed of Sale

• The legitimacy of the 1939 notarized Deed of Sale executed by Pedro Bas in favor of Faustina Manreal despite allegations of irregularities regarding Pedro’s capacity to sign.
• Whether the evidentiary record, including subsequent assignments and survey findings, supported the validity of the sale and the resulting chain of transfers.

Timeliness and Waiver of Defenses

• Whether the respondents’ failure to timely raise the issue of lack of cause of action constituted a waiver of that defense.
• The effect of procedural defaults on the merits of the case.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)