G.R. No. 198160 - Cabral vs. Adolfo

The subject matter involves a parcel of land located in Barrio Bukal, Poblacion, Pagbilao, Quezon, covered by Transfer Certificate of Title (TCT) No. 90516.
The property was originally registered in the name of Honesto Mariano Sr. who, in 1969, sold a portion to Concepcion Pabellon and later subdivided the remaining land into various lots.
Subsequent transactions included:

The sale of Lots 168-C-6-B and 168-C-6-G to his son Romeo Mariano, with a new title subsequently issued in Romeo’s name.
The sale of Lot No. 168-C-6-A to Ester Luna.

Upon the death of Honesto Mariano Sr. on August 17, 1973, his second wife Victoria Mariano and his sons from his first marriage (Romeo and Honesto Mariano, Jr.) executed a partition agreement on December 31, 1973 over the remaining parcels.
As a result of the partition agreement, the original titles were cancelled and new titles were issued as follows:

TCT No. T-114934 covering Lot 168-C-6-C in Romeo’s name.
TCT Nos. T-125293 and T-125294 covering Lots 168-C-6-D and 168-C-6-E in Honesto, Jr.’s name.
TCT No. T-121438 covering Lot 168-C-6-K in Victoria’s name.

Victoria subsequently sold Lot No. 168-C-6-K to Clemente T. Alcala and Adoracion J. Ibanez, leading to another new title (TCT No. T-121459).

Honesto, Jr. filed an ejectment case on August 12, 2005, against Susan Mariano (his half-sister to Victoria).
After initial pleadings including a motion to dismiss and subsequent amended pleadings, the dispute centered on Susan’s right of possession versus the registered owner’s claim.

Susan, joined by her full siblings (Manuel, Maximo, and Soledad), filed a partition and reconveyance case on May 5, 2006 against their half-siblings, Honesto, Jr. and Romeo (the latter succeeded by several children including Maricel, Teresita, and others).
The petitioners in this suit sought the collation and equitable partition of the subdivided property, alleging that the partition agreement executed upon Honesto Sr.’s death was fraudulent.

Honesto, Jr. died on September 12, 2007.
His heirs executed a Deed of Extrajudicial Settlement of Estate with Waiver of Rights on January 7, 2008, adjudicating Lots 168-C-6-D and 168-C-6-E solely to Clemente Mariano.
Clemente, later substituting his deceased father in the ejectment case, asserted that he was the registered owner with uninterrupted and legal possession of the subject properties.

The MTC of Pagbilao, Quezon ruled in favor of Clemente, ordering Susan to vacate the properties and pay monthly rentals and attorney’s fees.

RTC Branch 55 (September 20, 2012) in the partition/reconveyance case reversed the MTC ruling favoring partition claims.
RTC Branch 57 (January 29, 2013) in the ejectment case reversed the prior ejectment decision, dismissing the complaint based on the contention that Susan’s claim of occupancy had not been defeated.

The CA reversed the RTC decision in Branch 55 (partition/reconveyance) and reinstated the MTC decision on the ejectment case.
The decision noted that all parties were compulsory heirs of Honesto, Sr., and although the partition agreement had been fraudulently executed by only involving Victoria and the children from the first marriage, the prescriptive periods for annulling such a document had lapsed.
The CA underscored that the right to seek reconveyance is subject to an extinctive prescription period (four to ten years depending on possession and timing) and that the petitioner’s delay barred their claim.

Whether the Court of Appeals erred in reversing the decisions of the RTC in the partition/reconveyance case and in the ejectment case.
Whether Clemente’s asserted ownership and right of possession over the disputed Lots 168-C-6-D and 168-C-6-E (as evidenced by his Torrens titles) can definitively oust the claims of Susan and her co-parties.
Whether the alleged fraud and forgery—in connection with the 1973 partition agreement—could serve as a basis to nullify or collaterally attack the Torrens title notwithstanding the lapse of statutory periods for challenging the extrajudicial settlement.