G.R. No. L-20136 - IN RE: Santos y Diaz vs. Buenconsejo

Petitioner: Jose A. Santos y Diaz, who filed the petition for the issuance of a separate certificate of title.
Respondents: Anatolio Buenconsejo, Lorenzo Bon, Santiago Bon, and others, as the co-owners or parties involved in the property matter.
Subject Property: Lot No. 1917 of the Cadastral Survey of Tobaco, Albay, originally covered by Original Certificate of Title No. RO-3848 (25322/35233).

The property was originally held in common, with Anatolio Buenconsejo owning one undivided portion (12 parts) and Lorenzo Bon together with Santiago Bon owning the other 12 parts.
The petition centers on the alleged rights of petitioner Santos and his claim over part of Lot No. 1917.

On January 31, 1961, by virtue of a Certificate of Sale executed by the Provincial Sheriff of Albay in connection with an auction sale, Anatolio Buenconsejo’s share of the property was transferred to Atty. Tecla San Andres Ziga.
On December 26, 1961, a certificate of redemption issued by the Provincial Sheriff of Albay conveyed the rights, interests, or claims that Atty. Ziga might have acquired, to petitioner Santos in his capacity as attorney-in-fact for the children of Anatolio Buenconsejo (Anastacio Buencosejo, Elena Buenconsejo, and Azucena Buenconsejo).

Santos, acting under a special power of attorney granted by the children of Anatolio Buenconsejo, asserted that he had redeemed and thus acquired the share of Anatolio Buenconsejo in Lot No. 1917.
Relying on his agency role and the redemption, he had a subdivision plan executed, marking the part he claimed as his own as Lot No. 1917-A.
He moved for the cancellation of the original certificate of title covering the whole lot and for the issuance of a separate title covering only Lot No. 1917-A in his name.

Whether the special power of attorney executed by the children of Anatolio Buenconsejo was valid, considering that their father was still alive and had opposed the petition.
Whether such a power of attorney could legally vest petitioner Santos with any proprietary right in his own name.

Whether the redemption executed on December 26, 1961 conferred upon Santos a full, fee simple title or merely a pro indiviso share in the property.
Whether the petitioner’s authority as attorney-in-fact allowed him to unilaterally transform a pro indiviso share into a determinate, segregated portion.

Whether a separate certificate of title covering only Lot No. 1917-A can be issued without the conformity or consent of the other co-owners, namely, Lorenzo Bon and Santiago Bon.
Whether a judicial partition, as prescribed by the rules of court, was necessary before effectuating the segmentation of the property.