Case Digest (A.M. No. 20-08-05-SC)
Facts:
In G.R. No. 196403 entitled Arsenio Tabasondra, et al. v. Spouses Conrado Constantino and Tarcila Tabasondra-Constantino, et al. decided on December 7, 2016 under the 1987 Constitution, the petitioners Arsenio, Fernando, Cornelio Jr., Mirasol-Mariano, Fausta-Tapacio, Myrasol-Romero, Marlene-Maniquil and Guillermo Tabasondra (all heirs of Cornelio Tabasondra by his second marriage) sought partition and accounting of three parcels of land in Dalayap, Tarlac City (Lot Nos. 2536, 3155 and 3159, TCT No. 106012) originally owned in common by their father Cornelio and his sisters Valentina and Valeriana (all died intestate between 1990 and 1998). On August 22, 2002 the petitioners sued the respondents—the heirs of Valentina and Valeriana conveyed to Spouses Conrado Constantino and Tarcila Tabasondra-Constantino in 1982 by Deeds of Absolute Sale—for partition of the entire 100,352 sq. m., issuance of new titles, accounting of fruits and damages. The Regional Trial Court (RTC), Branch 64...Case Digest (A.M. No. 20-08-05-SC)
Facts:
- Co-ownership and parties
- Siblings Cornelio, Valentina, and Valeriana Tabasondra were registered owners of three adjoining parcels in Dalayap, Tarlac City (totaling 100,352 sqm), covered by TCT No. 106012.
- Cornelio died intestate in 1991; Valentina and Valeriana died intestate in 1990 and 1998, respectively, without partition. Their descendants (petitioners and respondents) occupied the land as co-owners.
- Transactions and procedural history
- On August 18, 1982, Valentina and Valeriana executed a Deed of Absolute Sale conveying their pro indiviso shares (each 33,450.66 sqm) to Tarcila and Sebastian Tabasondra for ₱10,000.
- On August 22, 2002, heirs of Cornelio (petitioners) filed an action for partition and accounting over the entire 100,352 sqm.
- On September 22, 2008, the RTC ordered partition of all three lots among heirs of Cornelio, Valentina, and Valeriana, allotting each heir 6,690 sqm.
- On November 30, 2010, the CA modified the RTC decision, limiting partition and accounting to the unsold 33,450.66 sqm portion representing Cornelio’s share.
- The CA denied petitioners’ motion for reconsideration on April 4, 2011. Petitioners then elevated the case to the Supreme Court.
Issues:
- Whether the Deed of Absolute Sale by Valentina and Valeriana conveying their pro indiviso shares to Tarcila and Sebastian was valid and subsisting.
- Whether the CA correctly limited partition and accounting to only 33,450.66 sqm (one-third share) instead of the entire 100,352 sqm.
- Whether the rules on partition (Rule 69, Sections 2 & 11) and accounting (Civil Code Arts. 500, 1087) were properly applied.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)