Case Digest (G.R. No. 152364)
Facts:
Alejandra S. Lazaro, et al. v. Modesta Agustin, et al., G.R. No. 152364, April 15, 2010, Supreme Court Third Division, Peralta, J., writing for the Court. Petitioners (siblings and descendants of the late Simeon C. Santos, led by Alejandra S. Lazaro) sued respondents (children and heirs of Basilisa Santos‑Agustin, led by Modesta Agustin) for partition of a parcel of land (Lot No. 10676) and the residential house thereon, alleging that title had been placed in the name of the eldest sibling, Basilisa, but that ownership was co‑tenancy among the siblings.On November 4, 1998 petitioners filed a complaint for partition in the Municipal Trial Court in Cities (MTCC) of Laoag City, alleging their co‑ownership, substantial outlays by Alejandra in constructing and later renovating the house, and the transfer of title into respondents’ names without petitioners’ consent (Transfer Certificate of Title No. T‑20695). Petitioners attached an affidavit allegedly executed by Basilisa recognizing the siblings’ equal shares.
Respondents answered and counterclaimed, asserting exclusive ownership as heirs of Basilisa, asserting payment of real property taxes, recounting prior PNB foreclosure and Basilisa’s reacquisition, and denying any agreement granting petitioners an ownership share; they sought dismissal and compensation for petitioners’ use.
After trial, the MTCC on January 6, 2000 dismissed the complaint, finding Basilisa’s affidavit hearsay and of no evidentiary value because the affiant was not produced and witnesses described Basilisa as bedridden when the affidavit was purportedly executed; the notary’s testimony raised further doubt. Petitioners appealed.
The Regional Trial Court (RTC), Branch 13, Laoag City, on February 6, 2001 affirmed the MTCC decision but modified it by directing respondents to indemnify petitioners P68,308.60 for the construction and renovation expenditures, and corrected the lot number to 10676. Petitioners appealed to the Court of Appeals (CA).
On February 21, 2002 the CA in CA‑G.R. SP No. 63321 affirmed the RTC decision but modified the indemnity award to direct respondents to pay P68,308.60 solely to Alejandra Santos‑Lazaro. Petitioners then filed the present petition for review on certiorari under Rule 45 of the Rules of Court, assailing (1) that Basilisa’s sworn statement ...(Subscriber-Only)
Issues:
- Is Basilisa S. Agustin’s sworn statement admissible as a declaration against interest (or, alternatively, as an admission against interest) establishing co‑ownership of Lot No. 10676?
- Did co‑ownership of Lot No. 10676 terminate as a result of Basilisa’s acts (including PNB foreclosure and subsequent transfers), such that petitioners’ alleged shares were lost?
- Is petitioner Alejandra S. Lazaro a co‑owner of the residential house on Lot No. 10676 entitled to partition, rather than merely a bui...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
- (Subscriber-Only)