Title
Supreme Court
Cebu State College of Science and Technology vs. Misterio
Case
G.R. No. 179025
Decision Date
Jun 17, 2015
Heirs sought to repurchase land sold to a school, claiming cessation triggered redemption rights. SC ruled redemption right expired; transfer of school site did not revive it.

Case Summary (G.R. No. 169190)

Property and Original Contractual Terms

The Deed of Sale transferred Lot 1064, Cebu City, consisting of 4,563 square meters, to SAHS for P9,130.00, subject to the vendor’s (Sadaya’s) right of repurchase. The right to repurchase was conditioned upon either the SAHS ceasing to exist or transferring its school site elsewhere. This condition was specifically annotated on the corresponding land title (TCT No. 15959).

Historical Developments and Legal Background

In 1960, the Cebu Provincial Board donated several parcels of land to SAHS with reversion conditions attached, prohibiting alienation or encumbrances and ensuring reversion to the province upon cessation of SAHS operations. In 1983, Batas Pambansa (BP) Blg. 412 converted and consolidated SAHS and other educational institutions into the CSCST, effectively abolishing SAHS as a separate entity and transferring its properties and liabilities to CSCST.

Respondents' Assertion of Right to Repurchase

Respondents, as heirs of Sadaya, communicated their intent in 1988 and 1990 to exercise their repurchase right based on the condition that SAHS had ceased to exist under BP Blg. 412. CSCST contended that SAHS continued to exist under a different name, prompting litigations.

Initial RTC Decision and Subsequent Appeals

In 1995, the Regional Trial Court (RTC) ruled the original Deed of Sale null and void, holding that SAHS had no juridical personality and that respondents retained their right to repurchase. The RTC ordered CSCST to reconvey the property upon payment. CSCST appealed to the Court of Appeals (CA), which reversed in 2000, ruling respondents’ right to repurchase had prescribed as per Article 1606 of the New Civil Code, setting a four-year period for exercising such rights starting in 1983 when SAHS ceased to exist.

Supreme Court's Earlier Ruling on Prescription

The Supreme Court, in 2005, affirmed the CA’s decision, holding that the right to repurchase was subject to a four-year prescription period. Respondents failed to repurchase the property within that period following SAHS’s dissolution under BP Blg. 412, thus barring their claim.

New Litigation and RTC’s Dismissal

Respondents later filed a second complaint in 2001, based on the second suspensive condition: the transfer of SAHS’s school site to another location. They alleged that CSCST’s transfer of the property to the Province of Cebu triggered their right to repurchase. The RTC dismissed this case on the grounds of litis pendentia and forum shopping because the earlier case was pending and involved the same parties and property.

Court of Appeals’ Reversal on Litis Pendentia

The CA reversed the RTC’s dismissal, distinguishing the two cases by their different causes of action. The first complaint was based on SAHS ceasing to exist, while the second complaint was predicated on the alleged transfer of the school site. Despite identity of parties and reliefs, the CA held there was no identity of causes of action because different facts and suspensive conditions triggered each right to repurchase.

Legal Issues Raised by Petitioner

Petitioner argued that:

  1. The second complaint was barred by litis pendentia (or res judicata) and forum shopping because it involved the same parties, property, and reliefs as the first complaint.
  2. The second complaint lacked a cause of action as the transfer of the school site did not constitute cessation of use but an expansion of educational services, thus not triggering the repurchase condition.

Supreme Court’s Analysis on Litis Pendentia and Res Judicata

The Court emphasized the requisites for litis pendentia:

  • Identity of parties and interests;
  • Identity of rights and reliefs founded on the same facts; and
  • Identity of the two cases such that judgment in one would be res judicata in the other.

For res judicata, the following are required:

  • Final judgment;
  • Jurisdiction of the court;
  • Decision on the merits; and
  • Identity of parties, subject matter, and causes of action.

The Court stated that the two complaints had different causes of action because each was founded on distinct suspensive conditions (cessation of SAHS vs. transfer of school site). The evidence necessary to prove each cause was different, and thus, the cases were not barred by litis pendentia.

Application of Article 1606 of the New Civil Code and Jurisprudence on Right to Repurchase

The Court reaffirmed that under Article 1606, the right of repurchase (conventional redemption) lasts four years from the contract date unless expressly extended by agreement, which cannot exceed ten years. The Court cited established jurisprudence to emphasize that indefinite or perpetual repurchase rights are against public policy as they cause uncertainty in property ownership and tenure.

The Court explained that public policy limits the exercise of the right of repurchase to a maximum decade-long period to prevent perpetual uncertainty over property titles. This limitation is crucial to prevent circumvention through multiple suspensive conditions.

Effect of the Second Suspensive Condition and Timing of Repurchase Rights

While the occurr

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