Case Digest (G.R. No. 255324)
Facts:
Pacita, Filomeno, Remedios, Adelaida and Nelia, all surnamed Dimayuga, and Heirs of Socorro Dimayuga‑Lasala; Sergio Lasala, Marcelino; Saturnino and Minors Aida, Dante, Belen, Lito, John, Ester and Edwin, all surnamed Lasala, represented by Guardian ad litem Sergio Lasala, petitioners, v. Court of Appeals and Manuel Dimayuga, respondents, G.R. No. L‑48433, April 30, 1984, Supreme Court Second Division, Aquino, J., writing for the Court.The dispute concerns succession and title to a 13‑hectare Torrens homestead in Pola, Oriental Mindoro originally titled in 1928 in the names of spouses Genaro Dimayuga and Segunda Gayapanao. Segunda died intestate in 1940, survived by her son Manuel and her spouse Genaro. During the marriage Genaro had a relationship with Emerenciana Panganiban, by whom he fathered five children (Filomeno, Pacita, Adelaida, Remedios and Socorro) and later a sixth, Nelia (born 1944), who was legitimated when Genaro married Emerenciana in 1947.
On September 16, 1948, about a month before Genaro's death, a notarized “partition of real property” was executed by Genaro, Manuel, Filomeno and Pacita, with Emerenciana signing by thumbprint purportedly representing her minor children (though she had not been judicially appointed guardian of their property). The document treated the homestead as Genaro's sole property and divided it, giving Manuel 5.5 hectares (southern portion) and the six children 7.7 hectares (northern portion). The stated ages in the instrument were inconsistent with birth certificates, which showed all the children were minors. Genaro died on October 8, 1948.
An amendatory affidavit in 1951 (signed by the same parties except the deceased Genaro) increased Manuel's share by one hectare. In 1970 Manuel executed an affidavit of adjudication, registered it, and obtained Torrens title to the entire 13 hectares. Two months later the six illegitimate children (petitioners here) filed a complaint to annul Manuel's title and to have the property divided equally among Genaro's seven children. The case was submitted on stipulated facts and documents only.
The trial court annulled Manuel's title, ordered about one‑half of the homestead to be divided equally among the six illegitimate children, and awarded damages and attorneys' fees. The Court of Appeals, on appeal by Manuel, adjudicated three‑fourths of the homestead to Manuel and one‑...(Subscriber-Only)
Issues:
- Was the Supreme Court correct to give due course to the petitioners' appeal and treat the case as directly appealed from the trial court?
- Whether the 1948 partition (and the 1951 affidavit) executed by Genaro and others validly altered the successional rights to the Torrens‑registered homestead and deprived Manuel (and Nelia) of their legitime.
- Whether the petitioners acquired ownership by prescription or estoppel from their possession pursuant to the 1948 partition and whether they have successio...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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