Case Digest (G.R. No. 224083-84)
Facts:
The case is Maximo C. Mariano, Soledad C. Mariano, Susan C. Mariano, Ruth M. Mariano, Joseph M. Mariano, and Marilou M. Mariano-Jacinto v. Clemente P. Mariano, G.R. Nos. 224083-84, June 28, 2021, Supreme Court Third Division, Lopez, J., writing for the Court. Petitioners are six siblings (collectively the “petitioners”) and respondent is Clemente P. Mariano (the “respondent”).The dispute concerns portions of a parcel in Barrio Bukal Poblacion, Pagbilao, Quezon, originally covered by TCT No. 90516 in the name of Honesto Mariano Sr. In 1969 and the early 1970s portions were sold and the remaining land subdivided into lots including Lots 168-C-6-A through -G and -K. During his lifetime Honesto, Sr. sold several lots and, after his death on August 17, 1973, an extrajudicial partition dated December 31, 1973 was executed by his second wife, Victoria Mariano, and his sons from the first marriage (including Romeo and Honesto Mariano, Jr.). The partition was annotated on the mother title and new Torrens certificates issued to the partition grantees (e.g., TCT Nos. T-125293 and T-125294 to Honesto, Jr.; T-114934 to Romeo; T-121438 to Victoria).
On March 15, 1974 Victoria sold Lot 168-C-6-K to third parties. Later, Honesto, Jr. sold or otherwise came to be registered in TCT Nos. T-125293 and T-125294 (Lots 168-C-6-D and -E). Honesto, Jr. died on September 12, 2007; his heirs executed an extrajudicial settlement (January 7, 2008) adjudicating the subject lots to Clemente, resulting in cancellation of the prior titles and issuance of TCT Nos. T-483073 and T-483074 in Clemente’s name (February 17, 2009).
In 2005 Honesto, Jr. (later substituted by Clemente) filed ejectment/unlawful detainer proceedings against Susan Mariano (one of the petitioners), alleging that Susan occupied Lots 168-C-6-D and -E with the prior tolerance of Honesto, Jr., who later demanded she vacate. Susan answered, denied respondent’s ownership and possession, and asserted she was an heir of Honesto, Sr. and that the 1973 partition was void because Victoria’s signature was forged.
On November 24, 2009 the Municipal Trial Court (MTC) of Pagbilao (Civil Case No. 1042-05) ruled for the plaintiff (Honesto, Jr./Clemente) ordering Susan to vacate Lots 168-C-6-D and -E, to pay rent and attorney’s fees. Susan appealed to the Regional Trial Court (RTC), Branch 57, Lucena City, which on January 29, 2013 reversed and dismissed the ejectment complaint.
Separately, on May 5, 2006 Susan (joined by siblings Manuel, Maximo, Soledad and others) filed a partition and reconveyance action in RTC, Branch 55, Lucena City (Civil Case No. 2006-36), seeking collation and repartition of the estate of Honesto, Sr. On September 20, 2012 the RTC (Branch 55) decided for the plaintiffs, ordering collation and partition and awarding attorney’s fees, moral damages and costs.
Clemente appealed the September 20, 2012 RTC decision (docketed CA-G.R. CV No. 99797) and separately filed a petition for review of the January 29, 2013 RTC decision reversing the MTC (docketed CA-G.R. SP No. 133848). The Court of Appeals consolidated the cases and, in a September 30, 2015 Consolidated Decision, granted Clemente’s appeals: it reversed the RTC Branch 55 partition judgment (dismissing tha...(Pro-only)
Issues:
- Do the petitioners raise principally questions of fact that are beyond the Supreme Court’s limited review under Rule 45?
- Did the Court of Appeals err in holding that petitioners’ action to annul the 1973 extrajudicial partition was time-barred by prescription and laches?
- Did the Court of Appeals correctly recognize Clemente P. Mariano’s Torrens title as giving him the superior right to possession and thus justify the ejectment...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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