Case Digest (G.R. No. 142907)
Facts:
The controversy concerns a 9,000-square-meter parcel in Mariwalo, Tarlac, originally part of Transfer Certificate of Title (TCT) No. 16776 in the name of Faustina Maslum, who died on December 8, 1941, leaving an unprobated holographic will dated July 27, 1939. One of her devisees was Benjamin Laxamana, who died in 1960, leaving his son Domingo Laxamana as heir by representation. On March 5, 1975, Domingo purportedly sold an undivided 9,000 sqm share to Laureano Cabalu by a Deed of Sale. On August 1, 1994, the forced heirs of Faustina executed an Extrajudicial Deed of Succession with Partition, adjudicating 9,000 sqm to Domingo. Domingo then sold 4,500 sqm to his nephew, Eleazar Tabamo, on December 14, 1995, and the remaining 4,500 sqm was registered to him under TCT No. 281353 on May 7, 1996. Domingo died on August 4, 1996, but on October 8, 1996, a Deed of Absolute Sale covering TCT No. 281353 was purportedly executed in favor of Renato Tabu, resulting in TCT No. 286484 and latCase Digest (G.R. No. 142907)
Facts:
- Original Ownership and Succession
- Faustina Maslum owned a 140,211 sqm lot under TCT No. 16776; she died on December 8, 1941, without children, leaving a holographic will dated July 27, 1939, unprobated.
- One heir under the will was Benjamin Laxamana (deceased 1960), whose son Domingo Laxamana later claimed by representation.
- Subsequent Transactions and Proceedings
- March 5, 1975: Domingo executed a “Deed of Sale of Undivided Parcel of Land,” purportedly selling his 9,000 sqm share to Laureano Cabalu.
- August 1, 1994: Forced heirs executed an Extrajudicial Deed of Succession with Partition, awarding Domingo 9,000 sqm; December 14, 1995: Domingo sold half (4,500 sqm) to Eleazar Tabamo.
- May 7, 1996: Remaining 4,500 sqm registered to Domingo under TCT No. 281353; August 4, 1996: Domingo died.
- October 8, 1996: A Deed of Absolute Sale of TCT No. 281353 in favor of Renato Tabu was executed posthumously and registered as TCT No. 286484, later subdivided into TCTs 291338 and 291339.
- January 15, 1999: Unlawful detainer (Civ. Case No. 7106) filed by Domingo’s heirs (including Dolores Laxamana-Tabu) vs. occupiers; judgment favored heirs.
- February 4, 2002: Petitioners (Milagros de Belen Vda. de Cabalu et al.) filed Civil Case No. 9290 for nullity of sale, quieting of title, reconveyance, and damages vs. Tabu spouses.
- RTC Decision (Sept. 30, 2003): Declared null the March 5, 1975 and October 8, 1996 deeds; cancelled TCTs 291338/291339; restored TCT No. 16776 in Faustina’s name.
- CA Decision (June 16, 2009): Affirmed nullity of 1975 deed; deleted dispositions invalidating 1996 deed and TCTs 291338/291339; recognized Domingo as heir by representation.
- Petition for certiorari challenges validity of both deeds and the CA’s modification.
Issues:
- Whether the March 5, 1975 Deed of Sale of Undivided Parcel of Land by Domingo in favor of Laureano Cabalu is valid.
- Whether the October 8, 1996 Deed of Absolute Sale by Domingo in favor of Renato Tabu (executed posthumously) is null and void.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)