Title
Dadizon vs. Bernadas
Case
G.R. No. 172367
Decision Date
Jun 5, 2009
Heirs of Diosdado Bernadas, Sr. dispute property partition; SC remands case to RTC for proper partition under Rule 69 due to lack of unanimous consent.

Case Digest (G.R. No. 147148)

Facts:

  • Background and Parties
    • The case involves petitioners—Felicidad Dadizon, Iluminada B. Murgia, Perla B. Matiga, Dominador M. Bernadas, Cirilo B. Delis, and heirs of Marcelino Bernadas (i.e., Fe Bernadas-Picardal and Carmelito Bernadas)—and respondents—Socorro Bernadas (substituted by Jeanette B. Alfajardo), Fely Bernadas, Juliet Bernadas, Godofredo Bernadas, Jr., and Sofia C. Bernadas.
    • The dispute arises from the estate left by the late Diosdado Bernadas, Sr. who died intestate on February 1, 1977, leaving co-owned agricultural and residential properties in Naval, Biliran, shared with his then-surviving spouse, Eustaquia Bernadas (who died on May 26, 2000).
  • Chronology of Litigation
    • On May 14, 1999, respondents filed a Complaint to compel the partition of the one-half conjugal share of the properties, alleging that petitioner Felicidad Dadizon maintained possession and refused partition.
    • In response, petitioners claimed that the extrajudicial partition deed dated February 24, 1996—sought to be enforced by respondents—had been revoked by a subsequent Deed of Extrajudicial Partition dated February 10, 1999. They also asserted that certain parcels of land had already been disposed of or partitioned.
  • Proceedings in the Regional Trial Court (RTC)
    • Following initial negotiations, on June 13, 2000, both parties indicated they were in ongoing discussions to finalize an extrajudicial partition in light of their mother’s death.
    • During a later hearing on November 15, 2000, respondents’ counsel requested a postponement to secure additional signatures for a compromise agreement.
    • On January 30, 2001, respondents filed a Project of Partition dated October 23, 2000, which was subsequently discussed on February 6, 2001, with the RTC ordering petitioners to comment within 15 days—a comment that was never filed.
    • The RTC, in multiple orders (notably on March 22, 2001, and reiterated on May 31, 2001), directed both parties to submit a signed and agreed extrajudicial partition for final approval.
    • On July 16, 2001, respondents submitted several documents including:
      • The Project of Partition dated October 23, 2000;
      • The Deed of Extrajudicial Partition dated February 24, 1996; and
      • The Deed of Extrajudicial Partition dated August 1, 1997 (covering a parcel with Tax Declaration No. 00181).
    • The RTC approved the Project of Partition on July 23, 2001. Petitioners later filed a Motion for Reconsideration which was denied in the RTC’s Order dated September 5, 2001.
    • The Court of Appeals (CA) affirmed the RTC’s Order on December 7, 2005, and dismissed subsequent motions for reconsideration in its Resolution dated March 15, 2006.
  • Procedural Issue on Joinder of Parties
    • Respondent Sofia C. Bernadas raised the issue that not all indispensable parties from the original case (Civil Case No. B-1066) appeared in the present appeal.
    • The Supreme Court clarified that while implementing all indispensable parties is required in an original action, it is not mandatory in an appeal, and that reversal of a judgment on appeal is binding only on the parties involved, except where interests are so interwoven as to be inseparable.

Issues:

  • Whether the Court of Appeals erred in affirming the RTC’s Order, particularly in approving a Project of Partition that was filed solely by the respondents’ counsel without the signatures of all the parties and without the required participation of petitioners.
  • Whether the RTC should have, pursuant to Section 3 of Rule 69 of the Rules of Court, ordered the appointment of commissioners to effect the partition because the parties failed to agree on a signed project.
  • Whether the procedural issue raised by respondent Sofia C. Bernadas regarding the joinder of all indispensable parties in the original proceedings affects the validity of the appeal.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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