Case Digest (G.R. No. 168156)
Facts:
In Heirs of Rosendo Lasam v. Vicenta Umengan (G.R. No. 168156, December 6, 2006), the petitioners, heirs of Rosendo Lasam represented by Rogelio M. Lasam and Atty. Edward P. Llonillo, sought review of the Court of Appeals’ February 16, 2005 decision reversing the Regional Trial Court (RTC) of Tuguegarao City’s affirmance of a Municipal Trial Court in Cities (MTCC) ejectment judgment. The subject is the eastern half of Lots No. 5427 (1,037 sq m) and No. 990 (118 sq m), registered under OCT Nos. 196 and 1032 in the names of Pedro Cuntapay and Leona Bunagan, parents of Isabel Cuntapay. By a June 14, 1979 Deed of Confirmation and a December 28, 1979 Partition Agreement, Isabel’s heirs allocated the eastern half (554 sq m) to her own heirs, including Rosendo and Trinidad Lasam, while the western half went to Irene Cuntapay’s heirs. When Isabel died intestate in 1947, her six children inherited equal pro-indiviso shares. In January 2001, Rosendo’s heirs filed an unlawful detainer compCase Digest (G.R. No. 168156)
Facts:
- Identity of the Subject Property
- Eastern half of Lot No. 5427 (OCT No. 196, 1,037 sq m) and Lot No. 990 (OCT No. 1032, 118 sq m) in Tuguegarao City, Cagayan, with an area of 554 sq m.
- Originally registered in the names of spouses Pedro Cuntapay and Leona Bunagan; June 14, 1979 Deed of Confirmation conveyed both lots to their daughters Irene and Isabel Cuntapay; December 28, 1979 Partition Agreement awarded the eastern half to heirs of Isabel and western half to heirs of Irene.
- Parties’ Family and Title Transactions
- Isabel Cuntapay’s children by first husband Domingo Turingan: Abdon, Sado (deceased), Rufo and Maria; by second husband Mariano Lasam: Trinidad and Rosendo.
- 1955: Rosendo Lasam allowed Vicenta Umengan (daughter of Abdon) to occupy the lot upon promise to vacate; June 14, 1961: Rufo sold his 1/6 share (Doc. No. 539) and Abdon donated his 1/6 share (Doc. No. 538) to Vicenta; March 3, 1975: Abdon purchased the shares of Maria and Sado (Doc. No. 88).
- Procedural History
- January 2001: Heirs of Rosendo Lasam filed unlawful detainer in MTCC Branch III, Tuguegarao City, seeking ejectment of Vicenta Umengan.
- MTCC (Nov. 21, 2001): Gave effect to a newly discovered “Testamento Abierto” of Isabel bequeathing her share to Rosendo; ordered ejectment, P500/month rentals, P20,000 attorney’s fees.
- RTC (Aug. 29, 2003): Affirmed MTCC decision in toto.
- CA (Feb. 16, 2005): Upheld MTCC jurisdiction but set aside lower courts’ decisions; held will invalid for non-compliance with formalities, recognized respondent’s better right via deeds and prior possession; dismissed complaint.
- CA Resolution (May 17, 2005): Denied motion for reconsideration.
- SC (Dec. 6, 2006): Denied petition for review (G.R. No. 168156), affirming CA.
Issues:
- Whether the validity of an unprobated will may be inquired into in an unlawful detainer proceeding, or whether the action is limited to physical possession.
- Whether the purported Testamento Abierto of Isabel Cuntapay validly vested a better right of possession in the heirs of Rosendo Lasam over Vicenta Umengan.
- Whether the dismissal of respondent’s partition case (Civil Case No. 4917) operates as res judicata against her claim of title or possession.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)