Case Digest (G.R. No. 255258)
Facts:
Heirs of Arturo E. Bandoy and Heirs of Angelita E. Bandoy v. Alexander E. Bandoy, G.R. No. 255258, October 19, 2022, Supreme Court Second Division, Lopez, J., writing for the Court. The petition for review on certiorari under Rule 45 assailed the Court of Appeals Decision (June 27, 2019) and Resolution (October 8, 2020) in CA‑G.R. CV No. 04878‑MIN that reversed the Regional Trial Court, Branch 40, Tandag City.Spouses Ambrocio and Matilde Bandoy had three children: Arturo, Angelita, and Alexander. Ambrocio died in 1981; the heirs executed an “Extrajudicial Settlement of the Estate of the Deceased Ambrocio Bandoy with Absolute Deed of Sale” that sold a 9,329 sqm portion of Lot No. 3516 to Florencio Benitez and left a remainder (Lot No. 3516‑B) of 5,436 sqm pro indiviso among the heirs. Arturo died in 1993 (succeeded by four children) and Angelita died in 2014 (succeeded by two children).
Disputes arose when petitioners (the heirs of Arturo and of Angelita) asked Alexander to partition the remaining 5,436 sqm; Alexander refused, claiming sole ownership. Prior to the suit Alexander executed several sales of portions of Lot No. 3516‑B (1992, 1996, 1997, 2012) which reduced the property. Petitioners sued for partition. At trial, Alexander asserted an oral partition among the siblings and relied on Angelita’s handwritten note (2013) and affidavit (2014) to show that she and Arturo had sold their shares to Benitez, leaving the remainder to him.
The RTC (Branch 40) on October 26, 2017 ordered partition awarding 2,390 sqm each to the heirs of Arturo and Angelita and 656 sqm to Alexander, and required Alexander to account for fruits and proceeds. The Court of Appeals reversed, finding an oral partition and that Alexander was sole owner of the remainder; it admitted A...(Subscriber-Only)
Issues:
- Whether an oral partition among heirs may be valid and binding.
- Whether Angelita’s handwritten note and affidavit are admissible to prove the alleged oral partition.
- Whether the 9,329 square‑meter portion sold to Benitez comprised only the aliquot shares of ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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