Case Digest (G.R. No. 45668)
Facts:
- Eugeniano Montecines is the petitioner; the respondents are the Court of First Instance of Laguna and Fortunata Zorrilla.
- On December 2, 1924, Alberta Zorrilla and Fortunato Romera sold land in Majayjay, Laguna, to Montecines with a pacto de retro.
- The sale occurred before the cadastral survey, leading to boundary disputes.
- The land was part of a larger property designated as lot No. 1784 in cadastral case No. 20, G. L. R. O. Record No. 738.
- On February 19, 1930, original certificate of title No. 10343 was issued to Alberta and Fortunata Zorrilla, each holding a half share, with a P2,000 mortgage in favor of Montecines.
- The mortgage was later converted to a sale with a right to repurchase.
- After the repurchase period expired, Montecines consolidated ownership and obtained transfer certificate of title No. 11187.
- The sale was problematic as it involved common property owned by both Zorrillas.
- Fortunata, residing in Bukidnon, Mindanao, filed civil case No. 5853 for partition of lot No. 1784.
- A stipulation was reached, and the court ruled Fortunata entitled to half of lots 1784-C and 1784-D.
- A commissioner oversaw the partition, awarding portions 1784-C and 1784-D-3 to Montecines and 1784-D-4 to Fortunata.
- Montecines and Mateo Zornosa filed a joint petition for subdivision, which the court granted on February 13, 1934, ignoring the prior agreement.
- Fortunata filed a motion to reconsider, leading to the court's order on June 11, 1937, canceling Montecines' title and issuing new titles per the previous agreement.
- Montecines challenged the June 11, 1937 order, claiming the court acted without jurisdiction due to the time elapsed since the February 1934 order.
Issue:
- (Unlock)
Ruling:
- The Supreme Court denied Montecines' petition, affirming the June 11, 1937 order of the Court of First Instance of Laguna, which canceled his titl...(Unlock)
Ratio:
- The Supreme Court held that the June 11, 1937 order was within the jurisdiction of the Court of First Instance of Laguna.
- The joint petition by Montecines and Zornosa wa...continue reading
Case Digest (G.R. No. 45668)
Facts:
The case involves Eugeniano Montecines as the petitioner and the Court of First Instance of Laguna and Fortunata Zorrilla as the respondents. The events leading to this case began on December 2, 1924, when Alberta Zorrilla and her husband Fortunato Romera sold a tract of land located in Majayjay, Laguna, to Eugeniano Montecines with a pacto de retro. This transaction occurred before the cadastral survey of the municipality, leading to disputes regarding the property's boundaries. The land sold was part of a larger property later designated as lot No. 1784 in cadastral case No. 20, G. L. R. O. Record No. 738.
On February 19, 1930, original certificate of title No. 10343 was issued in the names of Alberta Zorrilla and Fortunata Zorrilla, each holding a half share, with a mortgage of P2,000 in favor of Montecines. Subsequently, the nature of the encumbrance was altered from a mortgage to a sale with the right to repurchase. After the repurchase period expired, Montecines consolidated ownership and obtained transfer certificate of title No. 11187.
However, the sale was problematic as it involved common property owned by both Alberta and Fortunata Zorrilla. Fortunata, residing in Bukidnon, Mindanao, learned of the transaction and filed civil case No. 5853 in the Court of First Instance of Laguna, seeking partition of lot No. 1784. A stipulation was reached, and the court ruled that Fortunata was entitled to half of lots 1784-C and 1784-D. A commissioner was appointed to oversee the partition, which was approved by the court, awarding portions 1784-C and 1784-D-3 to M...