Case Digest (G.R. No. 169454)
Facts:
In Heirs of Marcelino Doronio v. Heirs of Fortunato Doronio (G.R. No. 169454, December 27, 2007), spouses Simeon Doronio and Cornelia Gante were the registered owners of a 1,152-sq.m. parcel in Barangay Cabalitaan, Asingan, Pangasinan under OCT No. 352. Among their children were Marcelino and Fortunato Doronio, whose respective heirs are the parties before Us. On April 24, 1919, the parents executed a private deed of donation propter nuptias in favor of Marcelino and his wife. The instrument described the eastern boundary as Fortunato instead of the rightful adjacent owners, the Najorda brothers. The deed remained unnotarized and unregistered. In 1993, Marcelino’s heirs secured quieting of title by default in RTC Case No. U-920, leading to cancellation of OCT 352 and issuance of TCT No. 44481 in their names. Fortunato’s heirs filed for reconsideration of that registration, but the petition was dismissed for lack of appeal. Thereupon, they instituted in 1994 Civil Case No. U-6498Case Digest (G.R. No. 169454)
Facts:
- Ownership and title
- Spouses Simeon Doronio and Cornelia Gante were registered owners of a parcel in Barangay Cabalitaan, Asingan, Pangasinan, under Original Certificate of Title (OCT) No. 352 (Lote 1018, 1,152 sqm; boundaries: NE – Gabriel Bernardino; SE – Zacarias & Alejandro Najorda; SO – Geminiano Mendoza; NO – road to Villasis).
- They had several children, among them Marcelino and Fortunato Doronio; petitioners are heirs of Marcelino, respondents are heirs of Fortunato.
- Private deed of donation and possession
- On April 24, 1919, Simeon and Cornelia executed a private (non-notarized) deed of donation propter nuptias in favor of Marcelino and his wife, Veronica Pico, describing the same land but with the eastern boundary as “Fortunato Doronio” instead of the Najordas.
- Both family branches occupied the property for decades: petitioners claimed the whole lot under the donation; respondents claimed only the western half was donated, preserving Fortunato’s eastern half which they possessed.
- Judicial history
- January 11, 1993: petitioners filed for registration of the 1919 donation before the RTC without naming respondents; after default, OCT 352 was cancelled and TCT No. 44481 issued in favor of Marcelino and Veronica (September 22, 1993).
- April 28, 1994: respondents filed for reconsideration in the same case—dismissed for finality. They then filed a reconveyance and damages suit in RTC Branch 45, Urdaneta City (Civil Case No. U-6498).
- RTC ruling (June 28, 2002): dismissed respondents’ complaint, upholding the donation and new title.
- CA decision (January 26, 2005): reversed RTC, held that only half was donated (boundary discrepancy) and that donation impaired Fortunato’s legitime; declared respondents rightful owners of one-half and directed petitioners to execute conveyance.
Issues:
- Whether OCT No. 352 in Spanish without translation was admissible.
- Whether the private 1919 deed of donation covered the entire lot or only one-half.
- Whether a donation propter nuptias of real property in a private instrument is valid under the Old Civil Code.
- Whether respondents acquired one-half by acquisitive prescription despite Torrens registration.
- Whether impairment of legitime may be adjudicated in a reconveyance action.
- Whether TCT No. 44481 is valid.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)