Case Digest (G.R. No. 226065)
Facts:
In Heirs of Soledad Alido vs. Flora Campano, Register of Deeds of Iloilo Province and/or Her Representatives (G.R. No. 226065, July 29, 2019), the petitioners are the three heirs of Soledad Alido—Reynaldo Almendral, Maggie Almendral-Sencil and Rodrigo Almendral—who seek the return of the owner’s duplicate copy of Original Certificate of Title (OCT) No. F-16558 covering a parcel of land in Barangay Abang-Abang, Alimodian, Iloilo. Respondent Flora Campano took possession of the land and its owner’s duplicate in 1978, claimed an oral sale from Alido, and paid realty taxes in her own name. After Alido’s death on September 18, 1996, her heirs executed a Deed of Adjudication on September 8, 2009, and petitioned the Regional Trial Court (RTC), Branch 33, Iloilo City, to compel Campano to surrender the duplicate. The RTC (Sept. 24, 2012) granted the petition, deeming the oral sale invalid for lack of a public instrument and upholding the Torrens title’s indefeasibility. The Court of AppCase Digest (G.R. No. 226065)
Facts:
- Parties and Procedural History
- Petitioners: Heirs of Soledad Alido (Reynaldo Almendral, Maggie Almendral-Sencil, Rodrigo Almendral) filed a verified petition in the RTC, Branch 33, Iloilo City, seeking surrender of the owner’s duplicate of OCT No. F-16558.
- Respondents: Flora Campano and the Register of Deeds, Province of Iloilo; CA reversed the RTC decision and dismissed petitioners’ petition; petitioners filed Rule 45 petition before the Supreme Court.
- Land Title and Transactions
- Free Patent and Registration (1975): Soledad Alido obtained Original Certificate of Title No. F-16558 over a parcel in Barangay Abang-Abang, Alimodian, Iloilo.
- Possession and Alleged Oral Sale (1978): Flora Campano took possession, held the duplicate title, paid realty taxes, and claimed that Alido had sold the land to her orally.
- Death and Heirs’ Adjudication: Alido died in 1996; in 2009 her heirs executed a Deed of Adjudication and sought registration, but Campano refused to surrender the owner’s duplicate.
Issues:
- Whether there was a valid sale of real property between Soledad Alido and Flora Campano.
- Whether petitioners’ action to recover the owner’s duplicate was barred by laches.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)