Case Digest (G.R. No. 246580)
Facts:
In Genoveva G. Gabrillo v. Heirs of Olimpio Pastor, petitioner Genoveva G. Gabrillo, represented by her attorney-in-fact Medardo G. Cadiente, Jr., sought review of the Court of Appeals–Cagayan de Oro City’s October 27, 2016 Decision and its May 25, 2017 Resolution, which upheld the Regional Trial Court (RTC), Branch 16, Davao City’s July 18, 2013 dismissal of Civil Case No. 33,213-10. The underlying action, filed in 2010, prayed for declaration of trust, nullity of title, reconveyance, damages, attorney’s fees, and injunctive relief with a writ of preliminary injunction and temporary restraining order against the heirs of Olimpio Pastor, represented by Cresenciana Manguiran Vda. de Pastor. According to petitioner, spouses Olimpio and Cresenciana Pastor sold their 10,000 sqm property in Catalunan Pequeño, Talomo District, Davao City, to Ernesto A. Cadiente, Sr. in 1967. After a compromise reduced the lot to 9,000 sqm, Cadiente Sr.’s motion to set aside this settlement was deniedCase Digest (G.R. No. 246580)
Facts:
- Parties and Subject Property
- Petitioner: Genoveva G. Gabrillo, represented by attorney-in-fact Medardo G. Cadiente, Jr.
- Respondents: Heirs of Olimpio Pastor, represented by Cresenciana Manguiran Vda. de Pastor.
- Transactions and Origin of Dispute
- On August 6, 1967, spouses Pastor executed a Transfer of Rights and Sale of Improvements (10,000 sqm) to Ernesto A. Cadiente, Sr.; later reduced to 9,000 sqm by compromise, rejected by Cadiente, and upheld by the District Land Officer (1982).
- On March 13, 1991, Cadiente conveyed the entire 10,000 sqm to petitioner. On December 29, 1997, respondents obtained OCT No. P-14876 via free patent. Petitioner alleged an implied trust and sought reconveyance and annulment of respondents’ title.
- Procedural History
- RTC Branch 16, Davao City (July 18, 2013): Dismissed for lack of jurisdiction (failure to state assessed value) and prescription of cause of action.
- CA-CDO (October 27, 2016): Affirmed RTC decision; May 25, 2017 resolution denied reconsideration. Petition for review under Rule 45 filed before the Supreme Court.
Issues:
- Jurisdictional Allegation
- Whether the RTC acquired jurisdiction by petitioner’s allegation of market (estimated) value instead of assessed value.
- Additional Contentions
- Whether respondents are estopped from challenging jurisdiction after participating and offering evidence.
- Whether the action for reconveyance based on implied trust is imprescriptible.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)