Case Digest (G.R. No. 219074)
Facts:
This is Spouses Teodorico M. Viovicente and Dominga L. Viovicente v. Spouses Danilo L. Viovicente and Alice H. Viovicente, G.R. No. 219074, July 28, 2020, Supreme Court First Division, Lazaro-Javier, J., writing for the Court. Petitioners are Spouses Teodorico and Dominga Viovicente; respondents are Spouses Danilo and Alice Viovicente and the Register of Deeds of Calamba, Laguna.Teodorico testified that he acquired a GSIS housing unit (Pacita Complex II, Blk. 17, Lot 12) and paid the loan by salary deductions; title was TCT No. T-264547. He and Dominga alleged that on June 24, 1993 their son Danilo forced them at home in Tacloban City to sign a Deed of Absolute Sale without receiving any consideration. Years later they discovered that a Transfer Certificate of Title in favor of Danilo (TCT No. T-356656) had been issued based on a purported Deed of Absolute Sale dated December 14, 1995—an instrument they denied signing or acknowledging before a Makati notary. GSIS records were introduced to show Teodorico was at work on the 1995 date.
Petitioners filed a Complaint on January 20, 2003 (RTC Civil Case No. SPL-0898) for reconveyance, nullity of sale, and cancellation of TCT No. T-356656. At trial petitioners presented testimony (including Dominga’s corroboration) that they were coerced into signing in 1993 and received no payment, and an NBI document examiner who identified "snopaked" entries in the December 14, 1995 deed (the digit "5" superimposed on a "3") and concluded the signatures were consistent with 1993. Respondents testified that Danilo paid and had an arrangement with Teodorico, that a brother (Phio) processed transfers and, to avoid penalties, prepared a second deed showing a later date.
The Regional Trial Court, by Amended Decision dated July 16, 2010, sided with petitioners: it declared the June 24, 1993 Deed of Absolute Sale null and void for lack of consideration, ordered reconveyance and cancellation of TCT No. T-356656, and directed issuance of a new title to Teodorico. On appeal, the Court of Appeals in CA-G.R. CV No. 95525 reversed by Decision dated May 20, 2014, holding that the December 14, 1995 deed and the Torrens title issued thereon enjoyed the presumption of due execution a...(Pro-only)
Issues:
- Are petitioners’ causes of action (for reconveyance and nullity of sale) barred by prescription?
- Was there a valid conveyance of the subject property to respo...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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