G.R. No. 164255 - Spouses Lebin vs. Mirasol

The case arose from Special Proceedings No. 1307 involving the settlement of the estate of the late L.J. Hodges.
The Regional Trial Court (RTC), Branch 27, Iloilo City issued an order dated May 3, 1995 ruling that a property (Lot 18, Block 7 of 971) sold to petitioners Elbe Lebin and Erlinda Lebin be divided equally between the petitioners and respondent Vilma S. Mirasol.
On March 2, 1998, the RTC affirmed the May 3, 1995 order.

The petitioners filed a notice of appeal and later a record on appeal.
The respondents moved to dismiss the appeal on June 15, 2000, asserting that the record on appeal was filed late.
The RTC granted the motion to dismiss on February 1, 2002.
The petitioners filed a motion for reconsideration on March 13, 2002, which the RTC denied on May 21, 2004.
The petitioners then directly appealed to the Supreme Court on June 23, 2004 assailing the dismissal orders of February 1, 2002 and May 21, 2004.

In January 1985, petitioners offered to buy Lot 18 for P22,560 and deposited 20% of the price.
On August 1, 1985, the estate’s administrator sought judicial approval of this offer, stating petitioner Erlinda Lebin was the actual occupant.
The RTC commissioned an ocular inspection by Atty. Tabares, who confirmed that Erlinda Lebin was the sole occupant.
The RTC approved the offer on August 28, 1985.
Meanwhile, respondent Mirasol also offered to buy a lot where her house stood, initially identified erroneously as Lot 4, but her house was later found to be on Lot 18.
Upon learning of the petitioners’ approval on November 11, 1985, Mirasol filed a petition for relief on December 6, 1985 contesting the approval.
Pending resolution, the petitioners paid the last installment and moved to execute the deed of sale on December 17, 1987, a motion left unacted upon.

On May 3, 1995, the RTC declared both offerors owners of the portions where their respective houses stood and ordered:

The estate administrator to assist in preparing a relocation survey plan and divide the lot equally;
Execution of deeds of sale to both offerors;
Collection or refund of payments as needed.

The petitioners moved for reconsideration/new trial on May 23, 1995, denied on March 2, 1998.
The appeal process commenced but faltered due to the delayed filing of record on appeal.

Whether the RTC erred in dismissing the petitioners’ appeal for failure to timely file a record on appeal.
Whether the RTC committed reversible error in ordering the equal division of Lot 18 between the petitioners and respondent Mirasol.