Case Digest (G.R. No. 108228)
Facts:
In Spouses Manuel and Salvacion del Campo v. Hon. Court of Appeals and Heirs of Jose Regalado, Sr. (G.R. No. 108228, February 1, 2001), petitioners Manuel and Salvacion del Campo sought the *repartition, resurvey and reconveyance* of a 1,544-square-meter portion of Lot 162-C-6, originally part of 27,179 sqm co-owned by eight Bornales siblings under OCT No. 18047 in Pontevedra, Capiz. On July 14, 1940, Salome Bornales sold a definite portion of her 4/16 *pro indiviso* interest for ₱200 to Soledad Daynolo, who immediately occupied the land and built a dwelling. On May 1, 1947, Soledad and her husband mortgaged that portion to Jose Regalado, Sr. for ₱400, and on April 14, 1948, Salome, Consorcia, and Alfredo Bornales purported to sell 24,993 sqm of Lot 162 to Regalado. After Soledad’s death, her heirs redeemed the mortgage on May 4, 1951, received a discharge, and sold the parcel to petitioners. Meanwhile, Regalado reconstituted OCT No. 18047, secured TCT No. 14566 over Lot 162-C-6...Case Digest (G.R. No. 108228)
Facts:
- Original Co-ownership of Lot 162
- Eight Bornales siblings—Salome, Consorcia, Alfredo, Maria, Rosalia, Jose, Quirico and Julita—owned Lot 162 (27,179 m²) under OCT No. 18047 in aliquot shares.
- Shares: Salome and Consorcia (4/16 each); Alfredo and Maria (2/16 each); Jose, Quirico, Rosalia, Julita (1/16 each).
- Sale to Soledad Daynolo (1940)
- Salome sold part of her 4/16 undivided share by metes and bounds for ₱200.00.
- Deed of Absolute Sale described a physically segregated portion, sketched and integrated into the deed.
- Soledad took possession and built a house.
- Mortgage, Redemption, and Subsequent Sale
- May 1, 1947: Soledad and husband mortgaged the portion to Jose Regalado, Sr. for ₱400.00.
- April 14, 1948: Salome, Consorcia and Alfredo purportedly sold 24,993 m² of Lot 162 to Regalado.
- May 4, 1951: Heirs of Soledad redeemed the mortgage; they then sold the redeemed portion (1,544 m²) to petitioners Manuel and Salvacion del Campo for ₱1,500.00.
- Reconstitution and Subdivision of Title
- Regalado caused reconstitution of OCT No. 18047 into OCT No. RO-4541, later registered in his name.
- He subdivided the tract; Lot 162-C-6 (11,732 m²) issued as TCT No. 14566 (1977).
- Petitioners’ Complaint and Procedural History
- 1987: Petitioners filed for repartition, resurvey and reconveyance, claiming ownership of 1,544 m² within Lot 162-C-6.
- Evidence: deeds of sale, mortgage and discharge, tax declarations, continuous possession since 1951.
- Trial court (1990): Dismissed complaint, holding the sale void and Torrens title invincible.
- Court of Appeals (1999): Affirmed the dismissal.
Issues:
- Whether a co-owner’s sale of a definite portion of an undivided property is valid.
- Whether respondents are estopped from denying petitioners’ title by virtue of the mortgage and discharge deeds.
- Whether petitioners are entitled to repartition, resurvey and reconveyance of the disputed area.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)