Case Digest (G.R. No. 133964)
Facts:
Filomena Salas sued Flora Quinga, as administratrix of the estate of Ceferino Datoon, seeking reconveyance of land (Lot 7711, covered by T.C.T. No. 11841) allegedly mortgaged by Salas to Datoon, with Salas consigned the P100.00 balance of the indebtedness. Quinga denied Salas’s ownership, asserted Datoon’s possession since 1934 as owner, and counterclaimed for the landlord’s share of the produce; a receiver was appointed. The Court of First Instance of Iloilo dismissed the complaint and ordered possession to Quinga, with damages awarded to Salas for successive agricultural years.On appeal, Quinga obtained execution pending appeal in 1951 and took possession. In 1958, the Court of Appeals reversed and ordered Quinga to execute a deed of reconveyance to Salas upon withdrawal of the P100 consigned, and declared that immediately after execution, the appellee and/or receiver must turn over material possession and “all the funds which the receiver may have in his hands” less compens
Case Digest (G.R. No. 133964)
Facts:
- Parties and capacities
- Filomena Salas was the plaintiff and appellee.
- Flora Quinga was the defendant and appellant, acting in her capacity as administratrix of the estate of Ceferino Datoon.
- Salas’s complaint and alleged transaction
- Salas filed an action in the Court of First Instance of Iloilo in Civil Case No. 1138 against Quinga.
- The complaint alleged Salas’s ownership of a parcel of land, specifically Lot 7711 of the Pototan Cadastre, covered by T.C.T. No. 11841.
- The complaint alleged that Salas had “mortgaged” the land to the late Datoon in the form of a sale a retro to secure a debt to Datoon.
- Salas sought reconveyance upon payment of the PHP 100.00 balance of the indebtedness.
- Salas alleged that she had consigned the PHP 100.00 in court.
- Defendant’s answer and counterclaim; appointment of receiver
- Quinga pleaded that Salas had conveyed title to Datoon.
- Quinga alleged Datoon had been in possession since 1934 as owner.
- Quinga asserted Salas’s possession was only that of a tenant.
- Quinga counterclaimed for the landlord’s share of the produce of the lot.
- The counterclaim fixed the landlord’s share at the rate of 20 bultos worth PHP 500.00 per annum.
- At Quinga’s instance, the trial court appointed a receiver.
- Trial court judgment in the Court of First Instance
- After trial, the Court of First Instance dismissed Salas’s complaint.
- The Court of First Instance ordered Salas and/or the receiver to deliver possession of the lot to Quinga.
- The Court of First Instance also sentenced Salas to pay damages at:
- PHP 400.00 per agricultural year until 1948–1949;
- PHP 300.00 for 1949–1950; and
- PHP 240.00 for the year after that.
- Execution pending appeal and turnover of possession
- Salas appealed the adverse judgment.
- Upon motion by Quinga in 1951, the court granted execution pending appeal (Rec. App., p. 45).
- As a consequence, the land was turned over to Quinga in 1951.
- Reversal by the Court of Appeals and subsequent Supreme Court affirmation
- In 1958, the Court of Appeals reversed the Court of First Instance judgment.
- The Court of Appeals ordered Quinga to execute a deed of reconveyance of the disputed lot to Salas, upon withdrawal of the PHP 100.00 previously consigned in court.
- The Court of Appeals further declared that immediately after the deed’s execution:
- It was the duty of the appellee and/or receiver to turn over the material possession of the lot to the plaintiff-appellant; and
- Salas was also entitled to delivery of “all the funds which the receiver may have in his hands less his compensation.”
- Quinga elevated the matter to the Supreme Court.
- In ...(Subscriber-Only)
Issues:
- Whether Quinga, as the party who obtained execution pending appeal, was liable to restore to Salas the land’s products despite Quinga’s claim that the appellate judgment did...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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