Case Digest (G.R. No. 159611)
Facts:
In Heirs of Antero Soliva v. Severino, et al., G.R. No. 159611, decided on April 22, 2015, the petitioners—children and heirs of the late Antero Soliva—challenged the Court of Appeals’ affirmation of the Regional Trial Court of Calbayog City’s January 25, 1997 decision in Civil Case No. 451. The controversy involved the partition and accounting of a 14,609-square-meter tract of land known as Parcel 2, located in Cagsalaosao, Calbayog City. Parcel 2 originally formed part of the estate of spouses Ceferino (also called Rufino) Soliva, who died in 1954, and Juana Endeza, who died in 1972. They had five children—Dorotea (deceased, represented by Romeo and Sergio Timan), Cenon, Severino, Victoriano, and Antero. In 1949, Brigida Mancol sold a 1,600-square-meter portion of Parcel 2 to their son Cenon through a notarized Escritura de Compra-Venta Absoluta. In 1970, Juana sold the balance of Parcel 2 to Cenon under a Deed of Conditional Sale with Pacto de Retro, reserving a ten-year repuCase Digest (G.R. No. 159611)
Facts:
- Case Background
- Petition for review on certiorari under Rule 45 from the CA’s May 23, 2003 decision and August 20, 2003 resolution in CA-G.R. CV No. 56681.
- Original action: Complaint for Partition with Accounting filed November 22, 1991 in RTC Calbayog City, Branch 32, Civil Case No. 451 by Antero Soliva et al. vs. Severino, Joel, Grace, Cenon Jr., Renato, Eduardo, Hilario Soliva, Rogelio V. Roleda, and Sanvic Enterprises, Inc. (SEI).
- Property and Transactions
- Parcel 2: Determined area 14,609 sqm in Cagsalaosao, Calbayog City, subdivided by relocation plan into:
- Lot 1 – 828 sqm
- Lot 2-A – 3,305 sqm
- Lot 2-B – 877 sqm
- Lot 3 – 2,741 sqm
- Lot 4 – 3,142 sqm
- Lot 5 – 3,716 sqm
- Key conveyances:
- 1949 – Brigida Mancol sold 1,600 sqm to Cenon via notarized “Escritura de Compra-Venta Absoluta.”
- 1970 – Juana Endeza (surviving spouse of Ceferino Soliva) sold her 6/10 share of Parcel 2 to Cenon under a Deed of Conditional Sale with Pacto de Retro (right to repurchase in 10 years).
- 1986 – Cenon sold 4,092 sqm to Roleda; 1991 – Roleda sold same 4,092 sqm to SEI.
- Trial Court Proceedings
- Surveys and commissions:
- 1992 Commissioner’s report – Parcel 2 at 10,906 sqm (cadastral error).
- 1993 relocation survey by geodetic engineers – Parcel 2 at 14,609 sqm (Plan of Land).
- RTC Decision (January 25, 1997):
- Excluded Severino and Cenon from partition of Parcel 2 on grounds they already received inheritance shares.
- Declared Lots 2-A, 2-B, 2-C exclusive to SEI; Lots 1, 3, 5 in common among Antero, Victoriano, Sergio and Romeo (heirs of Dorotea).
- CA Decision (May 23, 2003) and Resolution (August 20, 2003):
- Modified partition: all heirs of Ceferino and Juana except Severino co-owners of Parcel 2 with shares computed; validated 1,600 sqm sale to Cenon; upheld SEI’s title.
Issues:
- Did the 1949 notarized “Escritura de Compra-Venta Absoluta” validly transfer the 1,600 sqm portion of Parcel 2 to Cenon?
- Did the CA correctly apply accretion (Art. 1015, Civil Code) in redistributing Severino’s share?
- Was the 1970 Pacto de Retro sale an equitable mortgage under Art. 1602, Civil Code, or a true sale?
- If a true sale, did it affect only Juana’s 6/10 share? Do heirs retain a 30-day redemption right under Art. 1606, Civil Code?
- Were Roleda and SEI bona fide purchasers of the 4,092 sqm portion?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)