Case Digest (G.R. No. 57092)
Facts:
Edgardo De Jesus, et al. v. Court of Appeals and Primitiva Felipe De Jesus, G.R. No. 57092, January 21, 1993, Supreme Court Third Division, Melo, J., writing for the Court.Petitioners are heirs of Santiago de Jesus who filed an action for recovery of ownership and possession and quieting of title over a 2,565-square-meter residential lot in Dampol 2nd, Pulilan, Bulacan (covered by Tax Declaration No. 2383 in the name of Victoriano Felipe). Private respondent Primitiva Felipe de Jesus claimed ownership through instruments she produced: a 1932 "Kasulatang‑Biling‑Mabibiling‑Muli" (pacto de retro, Exh. 1) purporting to show a sale with right to repurchase in favor of her parents, and a 1961 sworn statement of adjudication (Exh. 4) declaring herself sole heir of Victoriano Felipe. Various tax declarations and receipts were offered by both sides to support competing ownership and possession narratives.
The Court of First Instance of Bulacan, after trial on the merits, rendered judgment on September 7, 1975 declaring petitioners the owners by hereditary succession and ordering respondent to surrender possession. On appeal, the Court of Appeals (CA-G.R. No. 59613; Sison, P.V., Cenzon, Asuncion [P], JJ.) reversed in a December 24, 1980 decision, dismissing the complaint and declaring private respondent the absolute owner and entitled to possession. Petitioners filed a petition for review on certiorari with the Supreme Court on August 13, 1981 seeking reversal of the CA ...(Subscriber-Only)
Issues:
- Is the 1932 pacto de retro (Exh. 1) authentic and does it cover the lot in dispute so as to vest title in the parents of private respondent and, thence, in private respondent?
- Did private respondent acquire ownership of the disputed lot by acquisitive prescription?
- Are the petitioners entitled to ownership and possession of the l...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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