Case Digest (G.R. No. 163566)
Facts:
- Petitioners: Raymundo and Perla de Guzman.
- Respondent: Praxides J. Agbagala.
- Background: Death of spouses Elias P. Javier (May 8, 1942) and Maria Sison (July 1936) in Lingayen, Pangasinan.
- They left six children, including Praxides.
- The siblings inherited 13 parcels of land, divided through an extrajudicial partition on June 29, 1948.
- Five parcels were inherited by sister Carmen, who died single on February 25, 1984, without compulsory heirs.
- In mid-1987, Rosing Cruz approached Milagros Agbagala Gutierrez, seeking to borrow P30,000 and presented a deed of donation dated January 25, 1977, allegedly signed by Carmen, transferring properties to her niece Madelene Javier Cruz.
- Milagros verified the donation at the Register of Deeds, discovering it was registered, marking the first time Praxides learned of it.
- Madelene claimed to have lived with Carmen since age four and received rentals from the properties.
- On November 18, 1987, Praxides filed Civil Case No. 16516 against Madelene to nullify the deed of donation and subsequent property transfers.
- An amended complaint was filed on September 15, 1988, including the petitioners who acquired land from Madelene.
- Praxides alleged the deed was forged, supported by a handwriting expert from the National Bureau of Investigation.
- Petitioners contended they applied for a free patent over the land and received Original Certificate of Title (OCT) No. P-30187.
- RTC ruled on May 30, 1996, declaring the deed null and void, canceling the deeds to the petitioners, and reverting properties to Carmen's estate.
- CA affirmed this decision on October 14, 2003, and denied a motion for reconsideration on April 20, 2004.
- Petitioners filed a petition for review on certiorari.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled that the nullification of OCT No. P-30187 was correct, affirming t...(Unlock)
Ratio:
- A certificate of title is generally not subject to collateral attack; however, this principle does not apply when the title is based on a free patent that is null and void ab initio.
- Petitioners argued that the amended complaint was filed after the title's issuance, claiming it could only be nullified through a direct attack.
- The Court noted that the title was not yet indefeasible since less than one year had passed since its ...continue reading
Case Digest (G.R. No. 163566)
Facts:
The case involves the petitioners Raymundo and Perla de Guzman against the respondent Praxides J. Agbagala. The events leading to this case began with the death of spouses Elias P. Javier and Maria Sison, who passed away on May 8, 1942, and July 1936, respectively, in Lingayen, Pangasinan. They left behind six children, including the respondent Praxides and her siblings. The siblings inherited 13 parcels of land, which they divided through an extrajudicial partition on June 29, 1948. Among these parcels, five were inherited by their sister Carmen, who died single on February 25, 1984, without compulsory heirs, leaving behind her sisters Encarnacion, Praxides, Juana, and brother Nicasio.
In mid-1987, a woman named Rosing Cruz approached Milagros Agbagala Gutierrez, the daughter of the respondent, seeking to borrow P30,000 and offered a deed of donation dated January 25, 1977, purportedly signed by Carmen, which transferred her properties to her niece Madelene Javier Cruz. Milagros, upon the request of her mother, verified the existence of the donation at the Register of Deeds and discovered it was indeed registered. This was the first time the respondent learned of the donation.
Madelene claimed to have lived with Carmen since she was four years old and stated that Carmen executed the deed of donation in her favor, which she had received rentals for since then. On November 18, 1987, the respondent filed Civil Case No. 16516 against Madelene, seeking to nullify the deed of donation and subsequent transfers of the properties. An amende...