Case Digest (G.R. No. 199766)
Facts:
In Generoso Sepe v. Heirs of Anastacia Kilang (G.R. No. 199766, April 10, 2019), respondents Maria, Donata, Feliciana, Dominga and Severo Solijon, heirs of the late Anastacia Kilang, filed a complaint on May 16, 2002 before the Regional Trial Court (RTC) of Tagbilaran City seeking nullification of the Deed of Sale of a Registered Land (DOS) dated November 18, 1992, the Confirmation of Sale (COS) dated December 17, 1992, and Transfer Certificate of Title (TCT) No. T-35367 in the names of spouses Generoso and Gaudencia Sepe, as well as recovery of possession with damages. They alleged that Anastacia, then an 84-year-old illiterate and bedridden mother, was misled by petitioner into believing she was merely subdividing her 18,163 sqm lot covered by TCT No. T-10069, when in fact she purportedly sold the property for ₱15,000. Anastacia executed a notarized Notice of Adverse Claim on December 14, 1992, then a Withdrawal of Adverse Claim on January 14, 1993, prompting issuance of TCT TCase Digest (G.R. No. 199766)
Facts:
- Parties and Property
- Anastacia Kilang (84-year-old, illiterate, paraplegic) and husband Fabian owned a registered land under TCT T-10069 (18,163 sqm) in Cabawan District, Tagbilaran City.
- On November 18, 1992, Anastacia, with Fabian’s marital consent, executed a Notarized Deed of Sale (DOS) selling the subject lot to spouses Generoso and Gaudencia Sepe for ₱15,000.
- Subsequent Instruments and Titling
- December 14, 1992: Anastacia executed a Notarized Notice of Adverse Claim alleging the TCT duplicate was lost and the land was never sold.
- December 17, 1992: Four of Anastacia’s five children (Maria, Donata, Feliciana, Severo) executed a Notarized Confirmation of Sale (COS) for ₱40,000, affirming the DOS and waiving their rights.
- January 14, 1993: Anastacia executed a Notarized Withdrawal of Adverse Claim, acknowledging she had sold the land on November 18, 1992. That same day, TCT T-10069 was cancelled and TCT T-35367 was issued in spouses Sepe’s names.
- October 20, 1993: Anastacia died.
- Litigation History
- December 21, 1998: Respondents (Anastacia’s heirs) filed Civil Case No. 6703 seeking nullification of the DOS, COS, and TCT T-35367, and recovery of possession and damages. Case dismissed for failure to prosecute (Feb 26, 2002).
- May 16, 2002: Respondents refiled the complaint (RTC, Branch 3, Tagbilaran City). They presented testimonies of Anastacia’s children and documentary evidence (notarial instruments and NBI examiner’s report).
- July 13, 2006: Petitioner filed a Demurrer to Evidence alleging prescription and ratification.
- August 7, 2006: RTC granted the demurrer, dismissed the case, and awarded costs and attorney’s fees. RTC held oral claims insufficient against notarized public documents and that the action had prescribed. Motion for reconsideration denied on September 14, 2006.
- Respondents appealed to the Court of Appeals (CA), which on August 4, 2010 reversed the RTC, declared the DOS void, nullified TCT T-35367, reinstated TCT T-10069, and awarded moral (₱100,000), exemplary (₱50,000) damages, and attorney’s fees (₱100,000). Motion for reconsideration denied October 27, 2011.
- Petitioner filed a Rule 45 Petition for Review under G.R. No. 199766.
Issues:
- Whether the CA erred in finding no consideration for the DOS.
- Whether the haste in executing the Notice of Adverse Claim implied no prior sale.
- Whether the withdrawal of the adverse claim was fraudulently procured.
- Whether petitioner took advantage of Anastacia’s and her children’s ignorance by misrepresenting the DOS as a subdivision instrument.
- Whether a valid purchaser would have sought execution of the COS.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)