Case Digest (G.R. No. 164255)
Facts:
Spouses Elbe Lebin and Erlinda Lebin v. Vilma S. Mirasol and Regional Trial Court of Iloilo, Branch XXVII, G.R. No. 164255, September 07, 2011, the Supreme Court First Division, Bersamin, J., writing for the Court. The petition arose from Special Proceedings No. 1307 (settlement of the estate of the late L.J. Hodges) in the Regional Trial Court (RTC), Branch 27, Iloilo City.In January 1985 the petitioners offered to buy Lot 18 (188 sq. m.) from the Estate for P22,560 and paid a 20% deposit. On August 1, 1985 the Estate administrator sought judicial approval of the sale, representing that Erlinda Lebin was the actual occupant. The RTC deputized Atty. Tabares for an ocular inspection, who reported that Erlinda was the sole occupant; the RTC therefore granted approval on August 28, 1985.
Meanwhile Vilma S. Mirasol also offered to buy the parcel where her house stood, originally described as Lot 4 but later found to be actually within Lot 18. Learning of the August 28 approval, Mirasol filed a petition for relief on December 6, 1985. The petitioners paid the remaining installment on December 17, 1987 and moved for execution of the deed of sale, but the RTC did not act on that motion pending resolution of Mirasol’s petition.
On May 3, 1995 the RTC resolved the petition for relief by directing the administrator to effect a relocation survey and cause equal partition of the subject lot between the two offerors, to execute deeds of sale in their favor, and to adjust payments as necessary. The petitioners moved for reconsideration/new trial on May 23, 1995; the RTC denied that motion on March 2, 1998. The petitioners filed a notice of appeal on March 27, 1998 and allegedly filed a record on appeal on May 5, 1998. On June 15, 2000 Mirasol moved to dismiss the appeal as tardy; the RTC granted the motion and dismissed the appeal on February 1, 2002 and denied the petitioners’ motion for reconsider...(Pro-only)
Issues:
- Did the RTC err in dismissing the petitioners’ appeal for failure to timely file a record on appeal?
- Did the RTC commit reversible error in ordering that Lot 18 be divided equally between the petitioners ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)