Title
Estrella Real Estate Corp. vs. Court of Appeals
Case
G.R. No. 128862
Decision Date
Sep 30, 1999
Gonzalo Tan sold land excluding House No. 285, later claimed by heirs through verbal sale. Legal battles affirmed heirs’ ownership, excluding house from land sale, mandating tax declaration and ownership annotation.

Case Summary (G.R. No. L-6687 y L-6688)

Factual Background

Gonzalo Tan was the owner of a parcel of land located on A. Mabini St. with an area of approximately 2,020.18 square meters. In 1952, he permitted his brother, Cenon Tan, to construct a house on a portion of this lot, which evolved into House No. 285. Over time, Cenon made improvements to the property. In 1958, Gonzalo sold the entire lot to Gaw Bros. & Co., Inc., specifying that certain improvements, including those belonging to Cenon, were excluded from the sale. The land was subsequently registered under TCT No. 62712 in the name of Gaw Bros. & Co., and later sold to ESTRELLA.

Property Lease and Disputes

In 1980, Gonzalo, through his son Guillermo, leased the ground floor of House No. 285. Following Gonzalo Tan's death in 1991, his heirs continued to occupy the second floor of the house. A series of leases were executed, including one with Josephine Catalan for a furniture store, leading to an ejectment suit filed by ESTRELLA in 1991, which was ruled in favor of ESTRELLA. This lawsuit led to the issuance of a writ of execution, which was enforced against both Catalan and the heirs of Gonzalo Tan.

Legal Proceedings and Claims

The Tan heirs filed a complaint for Quieting of Title in the Regional Trial Court, seeking to prevent ESTRELLA from evicting them. The court issued a temporary restraining order against the eviction. The proceedings in two branches of the Regional Trial Court led to substantial contention, with ESTRELLA asserting that Gonzalo was merely a tenant and the arguments surrounding their claim to ownership on various legal grounds.

Court of Appeals Decision

The Court of Appeals upheld the trial court's ruling, affirming the Tan heirs as the true owners of House No. 285. It ordered ESTRELLA to pay damages, stating that ESTRELLA failed to substantiate its claim of a lease agreement with Gonzalo Tan. The appellate court noted that evidence presented did not prove a continuous lessor-tenant relationship.

Judicial Findings and Rulings

The findings included that House No. 285 was not included in the sale to Gaw Bros. & Co. and that the rightful occupants post-Gonzalo's death were indeed the heirs. Furthermore, assertions made by ESTRELLA regarding verbal leases were deemed insufficient without supporting documentation. The Court of Appeals also highlighted an admission from ESTRELLA's counsel during pre-trial, confirming ownership was retained by Gonzalo Tan.

Legal Basis for Ownership

The appellate ruling was supported by provisions of the Property Registration Decree, which mandates registration of ownership in cases of ownership disputes. The local government code provisions reinforced the need for tax declarations consistent with ownership claims, allowing the Tan heirs to secure a declaration in their name.

Damages and Fees

While moral and exempl

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