Case Digest (G.R. No. 61584)
Facts:
Donato S. Paulmitan, Juliana P. Fanesa and Rodolfo Fanesa v. Court of Appeals, Alicio Paulmitan, Elena Paulmitan, Abelino Paulmitan, Anita Paulmitan, Baking Paulmitan, Adelina Paulmitan and Anito Paulmitan, G.R. No. 61584, November 25, 1992, Supreme Court Third Division, Romero, J., writing for the Court.The dispute arose from the estate of Agatona Sagario Paulmitan, who died in 1953 owning two parcels in Negros Occidental: Lot No. 757 (1,946 sq.m., OCT No. RO-8376) and Lot No. 1091 (69,080 sq.m., OCT No. RO-11653). Agatona left two sons, Pascual (who died later in 1953) and Donato (petitioner). Pascual was survived by seven children (the private respondents); Donato’s sole child was Juliana P. Fanesa (petitioner).
In 1963 Donato executed an Affidavit of Declaration of Heirship purporting to extrajudicially adjudicate Lot No. 757 to himself; the Register of Deeds cancelled the OCT and issued TCT No. 35979 in his name. Lot No. 1091 had been forfeited for nonpayment of taxes in 1952 and sold to the Provincial Government; in 1974 Donato executed a Deed of Sale of Lot No. 1091 to his daughter Juliana, who redeemed the property from the provincial government on May 29, 1974 by paying P2,959.09.
On January 18, 1975 the respondents (children of Pascual) filed a complaint in the Court of First Instance (CFI) of Negros Occidental, Civil Case No. 11770, seeking partition and damages. Petitioners raised prescription as an affirmative defense with respect to Lot No. 757; the trial court issued an order dated April 22, 1976 dismissing the complaint as to Lot No. 757 on that basis, which became final. Trial proceeded on Lot No. 1091.
In a decision dated May 20, 1977 the trial court ruled for the respondents as to Lot No. 1091, holding respondents entitled to one-half undivided share; the sale by Donato to Juliana was valid only as to Donato’s undivided share and Juliana’s redemption entitled her only to reimbursement, not exclusive title. The CFI ordered partition, accounting, payment of respondents’ share of fruits (P5,000 per year from 1966 until partition), and reimbursement of the redemption p...(Subscriber-Only)
Issues:
- In a Rule 45 petition for review on certiorari, may the Supreme Court reexamine the trial court’s factual finding awarding P5,000 per year as respondents’ share in the fruits of Lot No. 1091?
- Did the sale by co-owner Donato to his daughter Juliana transfer ownership of the entire Lot No. 1091 to Juliana?
- Did Juliana’s redemption of Lot No. 1091 from the Provincial Government vest in her ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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