Case Digest (G.R. No. 107069)
Facts:
The case is Heirs of Leandro Oliver, represented by Purita Oliver and Pedro Remoquillo v. The Honorable Court of Appeals, Jose Seradilla, and National Housing Authority, G.R. No. 107069, promulgated July 21, 1994, Supreme Court Second Division, Puno, J., writing for the Court. Petitioners are the heirs of Leandro Oliver (represented by Purita Oliver and Pedro Remoquillo); respondents are the Court of Appeals, Jose Seradilla, and the National Housing Authority (NHA).In August 1939 the Republic acquired the Tunasan Homesite from Colegio de San Jose and a resurvey was made establishing the relative positions of the lots. By Agreement to Sell dated July 21, 1955 the government (through the Director of Lands) contracted to sell certain parcels, including what was then Lot 22/Block 87, to Patricio (Patricia) Seradilla subject to a five‑year restriction against sale, assignment, encumbrance, mortgage or transfer (clause 12) and a clause binding heirs (clause 13). Around that time Leandro Oliver occupied Lot 24, Block 87.
On November 6, 1959, most heirs of Patricio purportedly entered into a Consolidation and Partition Agreement consolidating Oliver’s Lot 24 with the Seradilla lots and dividing the consolidated parcel; Jose Seradilla was allegedly not a participant. A July 9, 1961 sketch signed by the heirs (including Jose and Leandro) reflected a partition under which Oliver vacated Lot 24 and occupied a portion of old Lot 22 (later redesignated Lot 26 and subdivided into Lots 26 and 30); on September 19, 1961 Oliver sold one‑half of that portion (later Lot 30) to plaintiff Remoquillo.
A resurvey in 1963 led Jose to press for a new partition; on July 5, 1963 the heirs executed a new Agreement of Partition revoking the 1959 arrangement and allocating Lots (including Lots 26 and 29/Block 87) to Jose. The Director of Lands approved a subdivision plan in 1966 that redesignated Block 87 as Block 21. An extrajudicial partition in 1970 published in the newspaper omitted Lots 26 and 30 (allegedly a typographical error and due to unawareness of Lot 30). On January 16, 1980, relying on Jose’s representation that Lots 26 and 30 were included in the partition, the NHA sold those lots to Jose Seradilla, and Transfer Certificates of Title No. T‑67081 and T‑67082 were issued in his name on January 25, 1980.
On June 4, 1982 petitioners filed before the Regional Trial Court (RTC) of Biñan, Laguna (Civil Case No. B‑1863) a complaint for annulment of title with damages, seeking to annul the two administrative patents issued by the NHA to Jose and asserting their own preferential rights as heirs and vendees of Oliver. The RTC, in a February 16, 1990 judgment, dismissed the complaint and uphel...(Subscriber-Only)
Issues:
- Is a bilateral contract (the November 6, 1959 Consolidation and Partition Agreement) void ab initio because only four of five heirs participated on one side?
- Can a bilateral contract be superseded by a subsequent agreement executed by all five heirs but without the participation of the other contracting party?
- From when is the five‑year restriction against transfer in an administrative patent counted?
- What is the effect of a personal disqualification to be a patentee of public disposable land and of an alleg...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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