G.R. No. L-65800 - Vda. De Tupas vs. Branch XLII, Regional Trial Court of Negros Occidental

Heirs of Teofilo Gabatan, namely: Lolita Gabatan, Pompeyo Gabatan, Peregrino Gabatan, Reynaldo Gabatan, Nila Gabatan and Jesus Jabinis, Riorita Gabatan Tumala and Freira Gabatan, Petitioners sued Hon. Court of Appeals and Lourdes Evero Pacana, Respondents in this petition for review on certiorari.
The subject property is a 1.1062 hectare parcel identified as Lot No. 3095 C-5, situated at Calinugan, Balulang, Cagayan de Oro City and was declared for taxation in the name of Juan Gabatan.
The RTC of Cagayan de Oro City, Branch 19, in Civil Case No. 89-092, rendered judgment on October 20, 1995 declaring Lourdes Evero Pacana owner of Lot No. 3095 C-5 and ordering reconveyance of OCT No. P-3316 and damages and attorney’s fees.
The Court of Appeals affirmed the RTC decision in CA-G.R. CV No. 52273 by Decision dated April 28, 2000 and petitioners brought the present Rule 45 petition to the Supreme Court.

Respondent Lourdes Evero Pacana alleged ownership by inheritance from her deceased mother, Hermogena Gabatan Evero, who she claimed was the only child of decedent Juan Gabatan and his wife, Laureana Clarito.
Respondent alleged that upon Juan’s death the subject lot was entrusted to his brother, Teofilo Gabatan, and Teofilo’s wife Rita for administration and that demand for return by Hermogena and later by respondent were refused.
Respondent presented two principal pieces of documentary evidence: a certified typewritten copy of her birth certificate (Exhibit A) and a photocopy of a Deed of Absolute Sale (Exhibit H) in which "Hermogena Gabatan as heir of the deceased Juan Gabatan" appeared.
Respondent offered testimonial witnesses including Frisco Lawan, Felicisima Nagac Pacana and Cecilia Nagac Villareal to prove Hermogena’s filiation to Juan.

Petitioners’ answer, claims of ownership by prescription, and documentary proof

Petitioners denied that Hermogena or respondent were heirs of Juan Gabatan and averred that Juan died single and without issue in 1934, leaving siblings Teofilo, Macaria and Justa as his heirs.
Petitioners asserted long, open, adverse, continuous and uninterrupted possession and enjoyment of the property in the concept of owners for more than fifty years.
Petitioners contested the authenticity of respondent’s birth certificate and challenged admissibility and authentication of Exhibit H.
Petitioners alleged prior li...(Subscriber-Only)

Whether this Court may reexamine findings of fact made by the trial court and affirmed by the Court of Appeals in a Rule 45 petition.
Whether exceptions to the rule on conclusiveness of factual findings apply in this case.

Whether Lourdes Evero Pacana proved by preponderance of evidence that she is the sole heir of Juan Gabatan and hence owner of Lot No. 3095 C-5.
Whether the Deed of Absolute Sale (Exhibit H) and respondent’s birth certificate (Exhibit A) were admissible and sufficient to establish filiation to Juan.
Whether petitioners’ possession could ripen into acquisitive prescription under their allegation of adverse possession for more than fifty years.
Whether respondent’s cause of action is barred by laches or prescription given the alleged accrual date in 1933 and respondent’s delays in prosecuting her claim.

Ruling:

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Ratio:

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