G.R. No. 137171 - Kho vs. Biron Sr.

Petitioners are the heirs of Leonarda Nadela Tomakin, represented by some of her heirs, seeking to affirm ownership over a portion of land designated as Lot No. 8467.
Respondents are the heirs of Celestino Navares, contesting the ownership over a part of the same lot, specifically Lot No. 8467-B.
The case involves a Petition for Review on Certiorari under Rule 45 of the Rules of Court seeking to reverse the Court of Appeals' decision which annulled a favorable ruling by the Regional Trial Court in favor of petitioners.

The disputed property is Lot No. 8467 located in Inayawan, Cebu City, originally owned by Jose Badana who died without issue, survived by two sisters, Quirina and Severina Badana.
The property was covered by Original Certificate of Title No. RO-2230 (O-7281) in the name of Jose Badana.

On February 23, 1955, Quirina Badana, as heir of Jose Badana, sold one-half (A12) of Lot No. 8467 (known as Lot No. 8467-B) to the late spouses Remigio Navares and Cesaria Gaviola under a Sale with Condition which reserved Quirina’s right to the fruits or products of the land during her lifetime.
On December 6, 1957, Severina Badana sold the other half (Lot No. 8467-A) to spouses Aaron Nadela and Felipa Jaca, predecessors-in-interest of petitioners Tomakin.

On October 30, 1991, Lucas Nadela and Leonarda N. Tomakin, heirs of Aaron Nadela and Felipa Jaca, sold a portion of Lot No. 8467 to spouses Alfredo Dacua, Jr. and Clarita Bacalso by Deed of Absolute Sale.
Respondents Navares alleged that based on the Absolute Sale, Lot No. 8467-A was titled in Alfredo Dacua’s name, and that a document denominated as Extra Judicial Settlement of Estate of Jose Badana with Confirmation of Sale (executed by a third party, Mauricia Bacus, who was not a legitimate heir) was used to maliciously cause Lot No. 8467-B to be titled in the name of Leonarda Nadela Tomakin and Lucas J. Nadela under Transfer Certificate of Title No. 131499.
The respondents made oral demands for reconveyance of Lot No. 8467-B, which were unheeded by petitioners.

Respondents filed a Complaint for Reconveyance and Damages before the Regional Trial Court (RTC), which ruled in favor of petitioners Tomakin on May 6, 2010, stating respondents had failed to prove ownership of Lot No. 8467-B.
The RTC ordered respondents to return the owner’s copy of TCT No. 131499 to petitioners and to pay attorney's fees and litigation expenses.
Respondents Navares appealed the decision to the Court of Appeals (CA).
The CA Decision dated October 28, 2014 reversed and set aside the RTC ruling, declared the 1957 Deed of Sale insofar as Lot No. 8467-B null and void, cancelled TCT No. 131499 in favor of petitioners, and ordered issuance of a new title in favor of respondents Navares.
A Motion for Reconsideration filed by petitioners was denied by the CA on March 23, 2016.
Petitioners then filed the instant Rule 45 petition before the Supreme Court, which respondents Navares did not comment on.

Whether the Court of Appeals erred in holding that respondents Navares’ possession of Lot No. 8467-B was in the concept of an owner.
Whether the CA undermined the indefeasibility of the Torrens title by invalidating TCT No. 131499 in favor of petitioners.
Whether respondents Navares had a cause of action without first filing a petition for declaration of heirship as heirs of spouses Remigio Navares and Cesaria Gaviola.
Whether respondents Navares are guilty of laches for the delay in asserting their rights over the property.