Case Summary (G.R. No. 246942)
The Subject Property and Transaction History
• Sixto and Marcosa held Lot 4277 as conjugal property. Upon Marcosa’s death (1931), one-half persisted to Sixto, one-quarter to Roberta as sole child.
• 1965: Sixto sold his three-quarters undivided share (3,995.25 sq m) to Severino Silawan. Severino in turn sold half of that share (2,663.5 sq m) to Isnani Maut and Lily Silawan (May 7, 1965) and purportedly sold the remaining half to Mariano Silawan (September 15, 1965).
• 1966–1989: Further transfers from Isnani and Lily to Filomeno and Lourdes Igot; from Filomeno and Lourdes to Antonio Dy (2,363.5 sq m) and to Nicomedes Augusto (300 sq m).
• Mariano’s subsequent sales of his interest to various vendees including Nicolas Aying (1,332.5 sq m), later to Gomercindo Jimenez; attempted sales to Marcelino Paquibot and Rodulfo Augusto, then to Mario Dy.
Procedural History and Default
• Antonio Dy filed for nullity of deeds, title cancellation, recovery of shares (July 16, 2002). Mario Dy intervened.
• Petitioners failed to attend the mandatory pre-trial conference; the RTC declared them in default and allowed respondents to present evidence ex parte.
• RTC rendered decision (Nov. 9, 2012) voiding petitioners’ extrajudicial settlement, deeds of sale, partition deed, and cancelling their TCTs; ordered re-partition among Dy spouses, Jimenez, Augusto.
• CA (Nov. 20, 2014) affirmed in toto, holding Roberta’s unilateral extrajudicial settlement lacked basis and was fraudulent. Motion for reconsideration denied (June 2, 2015).
Compliance with Pre-Trial Rules
• Under 1997 Rules of Court, failure to appear at pre-trial by a defendant permits plaintiff to present evidence ex parte.
• Petitioners offered no valid excuse; mere loss of counsel’s calendar is insufficient.
• The Supreme Court upheld their default and the RTC’s reliance solely on respondents’ evidence.
Evidence Considered
• Original Certificate of Title (OCT No. RO-3456) and its annotations tracing successive dispositions.
• Deeds of absolute sale involving key transfers.
• No evidence from petitioners due to default status.
Property Regime and Co-Ownership
• Lot 4277 was conjugal property of Sixto and Marcosa. Upon Marcosa’s death, co-ownership arose between Sixto (three-quarters share) and Roberta (one-quarter as sole heir).
• A co-owner may only convey his undivided share; any sale beyond that is void as to the interest not owned (nemo dat quod non habet).
Validity of Transfers and Third-Party Rights
• Sale by Sixto to Severino valid to three-quarters undivided share (3,995.25 sq m).
• Severino’s sale to Isnani and Lily (2,663.5 sq m) valid within his acquired three-quarters share. His further sale to Mariano is limited to the remaining 1,331.75 sq m.
• Isnani and Lily’s 1966 sale to Filomeno and Lourdes valid for 2,663.5 sq m; their 1989 sales to Antonio (2,363.5 sq m) and to Nicomedes (300 sq m) valid.
• Sale by Mariano to Nicolas Aying (1,331.75 sq m) valid; Nicolas’s subsequent sale to Gomercindo valid.
• Mariano’s attempted sales to Marcelino and Rodulfo void, as no remaining share existed. Consequently, their derivative transfers to Marcelino and Mario Dy are void.
Extrajudicial Settlement by Roberta
• Roberta’s 2001 extrajudicial settlement claiming sole inheritance of the entire property is void as she was
Case Syllabus (G.R. No. 246942)
Facts of the Case
- The subject land is Lot No. 4277, 5,327 sq m, in Lapu-Lapu City, originally under OCT No. RO-3456 in the names of spouses Sixto Silawan and Marcosa Igoy.
- The spouses had one child, Roberta Silawan.
- On November 25, 1989, Filomeno Augusto and Lourdes Igot purportedly sold a 2,363.5 sq m portion to Antonio Carlota Dy and 300 sq m to Nicomedes Augusto and Gaudencia Augusto.
- In January 2002, Antonio discovered TCTs for the entire lot had been issued to petitioners:
- Lot 4277-A (300 sq m) to spouses Nicomedes & Gaudencia Augusto
- Lot 4277-B (1,331 sq m) to Gomercindo Jimenez & Estela Jimenez
- Lot 4277-C (1,332.50 sq m) to Marcelino & Elena Paquibot
- Lot 4277-D (2,363.50 sq m) to Roberta Silawan
- These TCTs replaced OCT RO-3456 following an “Extrajudicial Settlement by Sole and Only Heir with Confirmation of the Deed of Absolute Sale[s]” executed by Roberta on June 27, 2001 and annotated December 14, 2001.
Series of Conveyances and Annotations
- March 31, 1965: Sixto sells entire lot (5,327 sq m) to Severino Silawan.
- May 7, 1965: Severino sells half (2,663.5 sq m) to Isnani Maut and Lily Silawan.
- September 15, 1965: Severino sells the remaining half (2,663.5 sq m) to Mariano Silawan and Consorcia Ocomen.
- September 16, 1966: Isnani and Lily sell their 2,663.5 sq m to Filomeno Augusto and Lourdes Igot.
- November 25, 1989: Filomeno and Lourdes sell 2,363.5 sq m to Antonio and 300 sq m to Nicomedes and Gaudencia.
- The OCT annotations recorded all deeds of sale, the extrajudicial settlement, petitioners’ letter-request for cancellation of OCT RO-3456, and a deed of partition executed by petitioners.
Extrajudicial Settlement by Roberta Silawan
- Roberta, as sole heir, adjudicated the entire lot to herself and confirmed selected deeds of her father’s prior sales.
- She declared her sole-heir status of deceased parents (Sixto died December 29, 1968; Marcosa died October 5, 1931).
- The extrajudicial settlement confirmed various deeds of sale from 1965 to 1989 and was the basis for the Register of Deeds to issue the new TCTs on December 14, 2001.
Trial Court (RTC) Proceedings and Decision
- Antonio filed for nullity of deeds, partition, recovery, damages, and costs on July 16, 2002, citing a prior valid purchase from Filomeno a