Case Digest (G.R. No. 188417)
Facts:
- The case involves a 9,000 square meter lot in Mariwalo, Tarlac, part of a 140,211 square meter property initially registered under Faustina Maslum (TCT No. 16776).
- Faustina died on December 8, 1941, leaving a holographic will dated July 27, 1939, distributing her property among her nephews and nieces, including Benjamin Laxamana, father of Domingo Laxamana. The will was not probated.
- On March 5, 1975, Domingo allegedly sold his 9,000 square meter share to Laureano Cabalu via a Deed of Sale.
- On August 1, 1994, Faustina's forced and legitimate heirs executed a Deed of Extra-Judicial Succession with Partition, including Domingo's share.
- Domingo sold half of this share to Eleazar Tabamo on December 14, 1995, and the remaining half was registered under his name on May 7, 1996 (TCT No. 281353).
- Domingo died on August 4, 1996.
- On October 8, 1996, a Deed of Absolute Sale was purportedly executed by Domingo in favor of Renato Tabu, resulting in TCT Nos. 291338 and 291339 being issued in the names of Tabu and his wife, Dolores Laxamana.
- Domingo's heirs filed an unlawful detainer action against several occupants, including Meliton Cabalu and Patricio Abus, and won.
- Petitioners then filed a case for nullification of the Deed of Absolute Sale and related titles, claiming ownership through the 1975 sale to Laureano Cabalu.
- The RTC declared both the 1975 and 1996 deeds null and void, restoring the property to Faustina's heirs.
- Both parties appealed to the CA, which partially modified the RTC's decision by deleting the cancellation of TCT Nos. 291338 and 291339.
- The petitioners took the case to the Supreme Court.
Issue:
- (Unlock)
Ruling:
- The Deed of Sale dated March 5, 1975, executed by Domingo Laxamana in favor of Laureano Cabalu, is declared null and void.
- The Deed of Sale dated October 8, 1996, executed by Domingo Laxamana in favor of Renato Tabu...(Unlock)
Ratio:
- The Supreme Court upheld the RTC and CA findings that the March 5, 1975, Deed of Sale was simulated and fictitious, citing discrepancies in the notary public's signature, PTR, and document number, as well as suspicious circumstances in its discovery.
- At the time of the sale, Domingo was not the owner of the property, as it remained part of Faustina's estat...continue reading
Case Digest (G.R. No. 188417)
Facts:
The case revolves around a 9,000 square meter lot in Mariwalo, Tarlac, originally part of a 140,211 square meter property registered under the name of Faustina Maslum (TCT No. 16776). Faustina passed away on December 8, 1941, leaving a holographic will dated July 27, 1939, which distributed her property among her nephews and nieces, including Benjamin Laxamana, the father of Domingo Laxamana. The will, however, was not probated. On March 5, 1975, Domingo allegedly sold his 9,000 square meter share to Laureano Cabalu through a Deed of Sale. Later, on August 1, 1994, the forced and legitimate heirs of Faustina executed a Deed of Extra-Judicial Succession with Partition, which included Domingo's 9,000 square meter share. Domingo sold half of this share to Eleazar Tabamo on December 14, 1995, and the remaining half was registered under his name on May 7, 1996 (TCT No. 281353). Domingo died on August 4, 1996. On October 8, 1996, a Deed of Absolute Sale was purportedly executed by Domingo in favor of Renato Tabu, leading to the issuance of TCT Nos. 291338 and 291339 in the names of Tabu and his wife, Dolores Laxamana. An unlawful detainer action was filed by Domingo's heirs against several occupants, including Meliton Cabalu and Patricio Abus, which was ruled in favor of Domingo's heirs. Subsequently, the petitioners filed a case for the nullification of the Deed of Absolute Sale and relat...