Title
Magallon vs. Montejo
Case
G.R. No. 73733
Decision Date
Dec 16, 1986
A dispute over land ownership arises as plaintiffs claim a share of their late mother's conjugal property, contested by their father and his alleged second wife. Courts affirm the land as conjugal, ruling in favor of the plaintiffs, but invalidate the writ of execution for improper procedure.

Case Digest (A.C. No. 9514)
Expanded Legal Reasoning Model

Facts:

  • Background of the Case:
The case involves a petition to annul a writ of execution issued by the respondent Judge in Civil Case No. 727, RTC Davao del Sur. The plaintiffs (private respondents) filed the case against Martin Lacerna to compel the partition of a parcel of land in Barrio Kasuga, Magsaysay, Davao del Sur, which Lacerna had acquired through a homestead patent.
  • Claims of the Plaintiffs:
The plaintiffs, claiming to be the common children of Martin Lacerna and his deceased wife, Eustaquia Pichan, asserted a right to one-half of the land as their mother's share in the conjugal partnership with Martin. Martin Lacerna denied being married to Eustaquia and paternity of two of the plaintiffs, but the Trial Court found his denials uncredible.
  • Trial Court's Findings:
The Trial Court found that Martin Lacerna was indeed married to Eustaquia Pichan and that the plaintiffs were their legitimate children. It also found that the homestead was developed during Martin's marriage to Eustaquia, making the land part of their conjugal property. The court ruled that the plaintiffs were entitled to one-half of the land.
  • Appeal and Finality of Judgment:
Martin Lacerna appealed to the Intermediate Appellate Court, which affirmed the Trial Court's decision. The decision became final and executory.
  • Issuance of Certificate of Title:
While the case was pending, Original Certificate of Title No. P-11568 was issued in the name of "Martin Lacerna, married to Epifania Magallon," the petitioner in this case. This was despite the fact that the land was part of the conjugal property of Martin and Eustaquia.
  • Writ of Execution:
After the Intermediate Appellate Court's decision became final, the Trial Court issued an alias writ of execution, ordering the partition of the land and the delivery of 5 hectares to the plaintiffs.
  • Petitioner's Intervention:
Epifania Magallon filed a motion to intervene, claiming that the land was conjugal property between her and Martin Lacerna. Her motion was denied, leading to the present petition.

Issues:

  • Whether the land in question is part of the conjugal property of Martin Lacerna and Eustaquia Pichan, and whether the plaintiffs are entitled to one-half of it as their mother's share.
  • Whether Epifania Magallon, as the alleged wife of Martin Lacerna, is bound by the final judgment in the case, despite not being a party to the original action.
  • Whether the writ of execution issued by the Trial Court is valid, given that it orders the partition and delivery of the land without following the proper procedure under Rule 69 of the Rules of Court.
  • Whether the certificate of title issued in the name of Martin Lacerna and Epifania Magallon is valid, or whether it is subject to a constructive trust in favor of the plaintiffs.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)
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