Case Digest (G.R. No. 185745)
Facts:
Spouses Dominador Marcos and Gloria Marcos v. Heirs of Isidro Bangi and Genoveva Diccion, G.R. No. 185745, October 15, 2014, Supreme Court Third Division, Reyes, J., writing for the Court.On June 26, 1998, the heirs of Isidro Bangi and Genoveva Diccion (respondents) filed Civil Case No. U-6603 in the Regional Trial Court (RTC), Urdaneta City, Branch 47, for annulment of documents, cancellation of Transfer Certificates of Title (TCTs), restoration of Original Certificate of Title (OCT) No. 22361, recovery of ownership, and damages against Spouses Dominador and Gloria Marcos (petitioners) and several co-defendants (spouses Jose and Pacita Dilla; Ceasaria Alap; spouses Emilio and Zenaida Sumajit). The respondents alleged that their parents bought a one-third portion of a 2,138-sq.m. parcel by a Deed of Absolute Sale dated November 5, 1943 executed by Eusebio Bangi, and that they and their parents had continuous possession thereafter.
Sometime in 1995 respondents discovered that OCT No. 22361 had been cancelled and that a Deed of Absolute Sale dated August 10, 1995—purportedly executed by Alipio Bangi (the registered owner) with his wife Ramona—transferred the land to Dominador, Primo Alap, Jose and Emilio; TCT No. T-47829 was issued. On November 21, 1995 Primo, Jose and Emilio allegedly sold the same property to petitioners, who obtained TCT No. T-48446. The respondents claimed the 1995 deeds were forged because Alipio died in 1918 and Primo died in 1972, and sought annulment of those deeds and cancellation of the TCTs and restoration of OCT No. 22361.
In their answer petitioners denied the allegations and claimed ownership through inheritance from Alipio. They asserted that Eusebio had acquired the property by a donation propter nuptias from Alipio in 1928 (a claim which respondents disputed as impossible since Alipio died in 1918), and later relied on a May 8, 1995 Deed of Extrajudicial Partition and Quitclaim by Espedita and Jose Bangi purporting to waive rights in favor of Eusebio’s children. Some defendants (Ceasaria and spouses Emilio and Zenaida) later entered into a compromise acknowledging respondents’ rights, and the case as to them was dismissed.
The RTC, by Decision dated March 26, 2007, declared the August 10 and November 21, 1995 Deeds of Absolute Sale null and void, cancelled TCT Nos. T-47829 and T-48446, ordered revival of OCT No. 22361 in the name of Alipio Bangi, and upheld the validity of the November 5, 1943 sale by Eusebio to Isidro and Genoveva. The RTC found the 1995 deed forged and noted Gloria Marcos’ admission that the 1995 deed was falsified.
Petitioners appealed to the Court of Appeals (CA). In a Decision dated September 30, 2008 the CA affirmed the RTC, holding that while the asserted donation propter nuptias was not proven, evidence established that after Alipio’s death in 1918 an oral partition among his heirs (Eusebio, Espedita and Jose) assigned the subject lot to Eu...(Pro-only)
Issues:
- Did the Court of Appeals commit reversible error in affirming the RTC decision that upheld the validity of the Deed of Absolute Sale dated November 5, 1943 by Eusebio in favor of the spouses Isidro an...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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