Case Digest (G.R. No. 109910)
Facts:
In Remedios Salvador and Ma. Gracia G. Salvador v. Court of Appeals, Alberto and Elpia Yabo, et al. (G.R. No. 109910, April 5, 1995), the petitioners are the successors-in-interest of Eulogio M. Salvador, while the private respondents include Alberto and Elpia Yabo, Jose Yabo, and other collateral heirs of the late Alipio Yabo. Alipio originally owned Lots No. 6080 (1,267 sqm) and No. 6180 (3,816 sqm) in Barrio Bulua, Cagayan de Oro City; upon his death before or during WWII, title devolved on his nine children, including Maria Yabo. From 1942 to 1967, Pastor Makibalo (husband of Maria) acquired by purchase the shares of six siblings and inherited Maria’s share; he occupied, cultivated, and possessed these lands continuously and exclusively. In 1966 and 1968, he sold portions and mortgaged the lots to the Salvadors and in 1976 executed a quitclaim in their favor. On April 28, 1976, Pastor filed Civil Case No. 5000 in the CFI of Misamis Oriental for quieting of title over eight-nCase Digest (G.R. No. 109910)
Facts:
- Original Ownership and Heirs
- Alipio Yabo owned Lot No. 6080 (1,267 m²) and Lot No. 6180 (3,816 m²) in Barrio Bulua, Cagayan de Oro City.
- Upon his death (pre- or during WWII), title devolved to his nine children: Victoriano, Procopio, Lope, Jose, Pelagia, Baseliza, Francisca, Maria, and Gaudencia.
- Marital and Transactional History
- Pastor Makibalo married Maria Yabo; Maria died March 17, 1962.
- Between 1942 and 1967, Pastor Makibalo purchased from six of Maria’s siblings (Baseliza, Victoriano, Jose, Lope, Procopio, Francisca) their shares in both lots, except Gaudencia’s.
- In 1966, Pastor sold back Procopio’s share in Lot 6180 to Alberto Yabo.
- In December 1968, Pastor mortgaged both lots to spouses Eulogio and Remedios Salvador, then executed a “Confirmation and Quitclaim” (Sept. 26, 1978) waiving his rights in their favor.
- Litigation in the Trial Court
- Civil Case No. 5000 (filed April 28, 1976): Pastor sued spouses Alberto and Elpia Yabo for quieting of title over eight shares (8/9) and damages.
- Civil Case No. 5174 (filed Oct. 8, 1976): Alipio’s grandchildren and great-grandchildren sued for partition and quieting of title, claiming common ownership and damages against Pastor and the Salvadors.
- Both cases were consolidated and tried together before Branch 5, CFI Cagayan de Oro City.
- Trial Court Decision (Jan. 15, 1983)
- Held Pastor acquired by purchase six sibling shares and, through succession from Maria, one share—totaling eight shares in both lots; acquired the seventh in Lot 6180 by prescription, selling back Procopio’s 6180 share to Alberto.
- Found prescription and laches against all co-heirs for non-action over long periods.
- Declared Salvador spouses owners of 8/9 of Lot 6080 and 7/9 of Lot 6180; ordered partition (1/9 Gaudencia), annulled falsified documents.
- Court of Appeals Decision (Feb. 3, 1993)
- Held Maria did not sell her 1/9 share; prescription and laches did not run against her co-heirs for partition of her hereditary and conjugal shares.
- Concluded Procopio never sold his Lot 6080 share to Pastor.
- Ordered partition:
- 1/9 of each lot to Gaudencia’s heirs;
- 1/9 of Lot 6180 to Alberto & Elpia;
- 1/9 of Lot 6080 to Procopio’s heirs;
- Maria’s 1/9 divided ½ to Pastor/Salvadors, ½ to her niece/nephews;
- Remaining 6/9 (siblings’ shares) divided ¾ to Pastor/Salvadors, ¼ to Maria’s collateral heirs.
- Supreme Court Appeal
- Petitioners (Salvador spouses) challenged inclusion of Pelagia’s share in conjugal assets, laches/prescription rulings, Procopio’s Lot 6080 sale, and Jose Yabo’s participation.
Issues:
- Classification of Pelagia’s Share
- Whether Pelagia’s 1/9 shares acquired in 1967 (post-Maria’s death) form part of the conjugal partnership.
- Prescription and Laches Against Co-heirs
- Whether Maria’s collateral heirs lost rights to her 1/9 hereditary share and ½ conjugal share by prescription or laches.
- Procopio’s Share in Lot No. 6080
- Whether Procopio ever sold his Lot 6080 share to Pastor and thus whether re-conveyance to Alberto was necessary.
- Participation of Jose Yabo
- Whether Jose, having admitted by thumbmark he sold his share in Alipio’s estate, is an indispensable party to partition of Maria’s estate and the lots.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)