Title
Spouses Oliva-De Mesa vs. Spouses Acero, Jr.
Case
G.R. No. 185064
Decision Date
Jan 16, 2012
Spouses failed to assert family home exemption during property execution, leading to auction sale. Belated claim barred by laches; Claudio's title upheld.

Case Digest (G.R. No. 219848)

Facts:

  • Acquisition and Encumbrance of the Property
  • On April 17, 1984, petitioners Spouses Araceli Oliva-De Mesa and Ernesto S. De Mesa purchased a parcel at No. 3 Forbes Street, Mount Carmel Homes Subdivision, Iba, Meycauayan, Bulacan, covered by TCT No. T-76 725 (M), registered in Araceli’s name. They cohabited at the time, married in January 1987, constructed a house thereon, and made it their family home.
  • In September 1988, Araceli obtained a P100,000 loan from Claudio D. Acero, Jr., secured by a mortgage on the property. She issued a check which was dishonored due to a closed account. After failing to pay, Claudio filed a B.P. 22 complaint in April 1990.
  • Execution Sale and Transfer of Title
  • October 21, 1992 – RTC acquitted the petitioners of any criminal liability but ordered them to pay P100,000 with legal interest.
  • March 15, 1993 – Writ of execution issued; Sheriff Samonte levied on the property. March 9, 1994 – Property sold at public auction; Claudio was highest bidder and received a certificate of sale.
  • March 24, 1995 – Final Deed of Sale executed in Claudio’s favor. April 4, 1995 – TCT No. T-76 725 (M) cancelled and TCT No. T-221 755 (M) issued to Claudio.
  • Ejectment Proceedings and Annulment Suit
  • February 1995 – Claudio leased the property to the petitioners and Juanito Oliva at P5,500/month; they defaulted and owed P170,500 by October 3, 1998. Spouses Acero filed ejectment in MTC Meycauayan. July 22, 1999 – MTC granted ejectment; RTC (Nov 22, 1999) dismissed petitioners’ appeal for failure to file memorandum; CA (Dec 21, 2006) affirmed; final July 25, 2007.
  • October 29, 1999 – Petitioners filed in RTC Malolos a complaint to nullify TCT No. T-221 755 (M), asserting the property is a family home exempt from execution. September 3, 2002 – RTC dismissed; January 14, 2003 – RTC denied reconsideration; June 6, 2008 – CA affirmed; October 23, 2008 – CA denied reconsideration.

Issues:

  • Whether the petitioners are guilty of forum-shopping.
  • Whether the lower courts erred in refusing to cancel TCT No. T-221 755 (M).

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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