Case Digest (G.R. No. 9188)
Facts:
The case involves the heirs of Timbang Daromimbang Dimaampao, represented by Cabib D. Alawi, as petitioners, against respondents Atty. Abdullah Alug, Hadji Bogabong Balt, and heirs of Hadji Ali Pete Pangarungan, represented by Hadja Sittie Salima Pangarungan. On February 15, 2005, the petitioners filed a complaint before the Regional Trial Court (RTC) of Lanao del Sur, Marawi City, to declare a deed of sale null and void, to quiet title, and for damages. The subject land, a 157,738-square-meter parcel located in Madaya, Marawi City and covered by Original Certificate of Title (OCT) No. RP-355 (Homestead Patent No. 47201), was alleged to have been inherited from their grandmother, Timbang, who had acquired ownership through marriage to Cota Dimaampao per Muslim rites. The petitioners claimed ownership and possession as heirs of Timbang, noting that Cota executed without their knowledge a deed of sale on April 10, 1978, purportedly selling the land to respondents. The petitioners
Case Digest (G.R. No. 9188)
Facts:
- Parties and Origin of the Case
- Petitioners are the heirs of Timbang Daromimbang Dimaampao, represented by Cabib D. Alawi, claiming ownership over a parcel of land covered by OCT No. RP-355 located in Madaya, Marawi City.
- Respondents are Atty. Abdullah Alug, Hadji Bogabong Balt, and the heirs of Hadji Ali Pete Pangarungan, who stand as the purchasers of the subject land through a deed of sale executed by Cota Dimaampao.
- Background and Transactions
- Petitioners assert that the subject land was inherited from their grandmother, Timbang, who acquired it as part of her dowry when married to Cota in accordance with Muslim rites, and that they are lawful possessors and owners pro indiviso of the property.
- They claim that Cota and Timbang were issued a homestead title in their names, but after their divorce, possession and ownership remained with Timbang and her daughters.
- Sometime on April 10, 1978, Cota allegedly sold the property to respondents without the knowledge or consent of petitioners or their predecessors. Petitioners contend the deed of sale was invalid as Cota was not the owner, and respondents were in bad faith buyers who never occupied the land.
- Related Prior Case and Registries
- The subject land was previously sold by Cota to Sheik Pangandaman Daromimbang (Timbang’s brother), who then donated it. This transaction was nullified by RTC Lanao del Sur, Branch 9, in Civil Case No. 2410, a decision affirmed by the Court of Appeals (CA). Petitioners were not parties to that case despite their possession of the land.
- Respondents deny petitioners’ claims, stating they have owned and possessed the land since 1978 and that the validity of the 1978 deed of sale was upheld in the prior case (Civil Case No. 2410), which had reached finality.
- Proceedings and Orders
- Petitioners filed a complaint for declaration of nullity of the deed of sale, quieting of title, and damages before the RTC, which denied respondents' special and affirmative defenses by interlocutory order dated March 6, 2006.
- Respondents moved for reconsideration and filed a petition for certiorari with the CA, which granted the petition and set aside the RTC orders, dismissing the complaint for failure to observe res judicata and prescription.
- Petitioners then filed the present petition for review on certiorari before the Supreme Court (SC).
Issues:
- Whether the Court of Appeals' Decision and Resolution are contrary to law and jurisprudence.
- Whether a motion for extension of time to file a motion for reconsideration is allowed or considered a prohibited pleading.
- Whether the special and affirmative defenses of respondents in their answer are matters of evidence to be resolved only after trial on the merits.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)