Title
Luna, Jr. vs. Cabales
Case
G.R. No. 173533
Decision Date
Dec 14, 2009
A dispute over a parcel of land in Tandag, Surigao del Sur leads to a ruling in favor of Remedios Rosil, who establishes her better right to the land and is granted reconveyance, as the Supreme Court finds that the original certificate of title obtained by Vicente Luna, Jr. was procured through fraud.
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Case Digest (G.R. No. 173533)

Facts:

  • The case involves a three-hectare land in Tandag, Surigao del Sur, originally owned by spouses Pablo Martinez and Gregoria Acevedo.
  • Upon their death, the land was divided between their daughters, Eustaquia Martinez and Martina Martinez.
  • Martina's share was declared for taxation in her name starting in 1946.
  • After Martina's death, her share was inherited by her daughter, Petronila de Dios, and subsequently by Petronila's daughter, Remedios Rosil.
  • Eustaquia's son, Ciriaco, applied for a free patent over both his mother's and Martina's shares, resulting in the issuance of Original Certificate of Title (OCT) No. 5028 in his name in 1968.
  • Ciriaco began harvesting coconuts from Martina's share, prompting Remedios to file a complaint for recovery of possession, which was dismissed for failure to state a cause of action.
  • Upon Ciriaco's death, his heirs subdivided the property and sold a portion to Vicente Luna, Jr. in 1975.
  • Luna filed a complaint for recovery of possession against Remedios and others in 1993.
  • The Regional Trial Court ruled in favor of Luna, ordering Remedios to vacate the property.
  • The Court of Appeals reversed the decision, finding that the OCT was obtained through fraud and that Luna was not an innocent purchaser for value, ordering the reconveyance of the property to Remedios.
  • Luna filed a petition for review with the Supreme Court.

Issue:

  • (Unlock)

Ruling:

  1. Yes, the OCT No. 5028 was obtained through fraud.
  2. No, Vicente Luna, Jr. is not an innocent purchaser for value.
  3. Yes, the or...(Unlock)

Ratio:

  • The Supreme Court found that the OCT No. 5028 was fraudulently obtained by Ciriaco, as he included Martina's share of the property in his application for a free patent despite knowing the equal partition between his mother and aunt.
  • This fraudulent act invalidated the title.
  • The Court determined that Luna was not an innocent purchaser for value, as he failed to inspect the property and ignored significant facts that should have prompted further investigation.
  • Luna's attorney-in-fact testified that Remedio...continue reading

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