G.R. No. 117209 - Republic vs. Herdez

Agatona Guevarra and Ciriaco Lopez had six children: Dominador Lopez; Enriqueta Lopez-Jumaquio (mother of Emiliana and Felomena Jumaquio); Victor Lopez (husband of Leoncia Lopez); Benigna Lopez-Ortiz (mother of the Ortiz siblings); Rosario Lopez-dela Cruz (mother of the dela Cruz siblings and of Gloria Racadio and Aurora Nicolas); and Vicente Lopez (father of Milagros Manongsong).
The contested property is an approximately 152 sqm lot on San Jose Street, Manuyo Uno, Las Piñas. It is under the name “Benigna Lopez, et al.” in Tax Declaration No. B-001-00390 (1984), while improvements on a portion (No. 831 San Jose St.) were declared in the name of “Filomena J. Estimo” in Tax Declaration No. 90-001-02145 (1991).

Petitioners Milagros and Carlito Manongsong filed for partition on 19 June 1992 under Art. 494, Civil Code, claiming a 1/5 share by representation of Vicente Lopez’s inheritance. Respondents (the other heirs and their families) have occupied various portions (25–50 sqm each) for decades; only the Manongsongs did not occupy any portion.
Most respondents (the Ortiz and dela Cruz families) entered into a compromise agreement on 12 September 1992 to divide the property equally; the Jumaquio sisters and Leoncia Lopez (50 sqm each) and Joselito dela Cruz did not sign.
The Jumaquio sisters invoked a 1949 tax declaration in the name of Justina Navarro (172.51 sqm) and a notarized Kasulatan sa Bilihan ng Lupa dated 11 October 1957, evidencing Navarro’s sale to Enriqueta Lopez for ₱250. They also pleaded acquisitive prescription and laches.

Held the notarized Kasulatan void ab initio for depriving compulsory heirs of their legitime and mistakenly presuming the property to be conjugal.
Ordered partition: Milagros Manongsong to receive 1/5 or market value; Jumaquio sisters to pay damages (₱10,000), litigation expenses (₱10,000), and costs.

Refused to admit new evidence (death certificate of Guevarra; affidavit of Benjamin dela Cruz, Sr.) not offered at trial.
Noted petitioners’ admission that Navarro was original owner and mother of Guevarra.
Held no proof the property was conjugal; presumption under Art. 160, Civil Code, does not apply absent acquisition during marriage; property was paraphernal.
Declared the Kasulatan valid; dismissed petitioners’ complaint as against the Jumaquio sisters.

Petitioners appealed to the Supreme Court under Rule 45; petition given due course on 31 January 2000.
Petitioners raised issues regarding the sale by Navarro, co-ownership, binding effect on co-heirs, prescription, and majority rule.

Whether petitioners presented countervailing evidence to impugn the 1957 sale (Kasulatan) by Justina Navarro.
Whether issues of preterition and those raised are reviewable by the Supreme Court.
Whether co-ownership pro indiviso existed in favor of petitioners.
Whether the rule of majority co-owners should prevail over petitioners’ claim.
Whether the alleged sale is valid and binding on all co-heirs.
Whether prescription applies against petitioners’ share.