Title
Florentino vs. Encarnacion, Sr.
Case
G.R. No. L-27696
Decision Date
Sep 30, 1977
A 1964 land registration case involving heirs disputing a stipulation in an extrajudicial partition allocating land proceeds for religious activities; SC ruled the stipulation binding, enforceable, and annotatable on the title.

Case Summary (G.R. No. L-27696)

Procedural History

• May 22, 1964: Joint application filed under Act 496 for registration of the land.
• No opposition except a withdrawn Director of Lands’ protest; order of general default entered.
• Clerk of Court took evidence; trial court issued decision on November 29, 1966 confirming ownership shares.
• Appellees moved to withdraw their shares; denied. Trial court refused to annotate Exhibit O-1 against appellees’ shares and held it void as an unaccepted donation.
• Motion for new trial denied January 14, 1967, but decision modified to acknowledge appellee Sr.’s right to revoke.
• Petitioners-appellants appealed directly pursuant to Rule 41, Rules of Court.

Stipulation at Issue (Exhibit O-1)

“Los productos de esta parcela … se destinan para costear los gastos … procesión del Niño Jesús … construcción de un camarín … Lo que sobra … se repartirá entre los herederos.”
– Fruits of the Lubong parcel were to defray Holy Week and related Church expenses; surplus to be shared among heirs.

Positions of the Parties

• Petitioners-Appellants: Sought annotation of Exhibit O-1 as an encumbrance on all titles.
• Petitioners-Appellees: Argued Exhibit O-1 was void (no acceptance by Church) and, with two of them not parties to the partition, could be revoked; moved to withdraw their shares altogether.
• Petitioners-Appellants contested both the withdrawal motion and the trial court’s jurisdiction to decide Exhibit O-1’s validity in land registration proceedings.

Trial Court’s Disposition

• Confirmed registration and apportioned shares among all applicants.
• Held Exhibit O-1 void as a donation unaccepted by the Church (Art. 745, 748, Civil Code).
• Modified decision to allow annotation only against appellants’ shares, refusing annotation for appellees.
• Denied motions for reconsideration.

Issues on Appeal

  1. Whether Exhibit O-1 is revocable at the unilateral option of any co-owner.
  2. Whether Exhibit O-1 binds all signatories and their successors, including appellees.
  3. Whether a Land Registration Court may pass on the merits of an alleged encumbrance in registration proceedings.

Supreme Court’s Analysis on Revocability

– Exhibit O-1 is part of an extrajudicial partition contract. Under Art. 1308, New Civil Code, contracts bind all parties and cannot be severed at one party’s whim.
– Contracts with stipulations take effect among parties, their heirs and assigns (Art. 1311, New Civil Code).
– A stipulation pour autrui is sustained if it clearly and deliberately benefits a third person.

Stipulation Pour Autrui and Its Requisites

  1. The stipulation is part (not the whole) of a contract.
  2. It confers an unconditioned benefit on the third person.
  3. Neither contracting party acts as agent of the third person.
    – Exhibit O-1 meets these criteria: it confers a direct, material benefit on the Church to defray yearly Holy Week expenses.

Supreme Court’s Findings on Acceptance

– Although a stipulation pour autrui requires acceptance by the third party before revocation, no specific formal communication is required.
– The Church’s uninterrupted enjoyment of the land’s fruits from 1941 to 1963 constitutes implied acceptance under Art. 1257, Civil Code.
– Once accepted, the stipulation cannot be revoked unilaterally.

Enforceability Against Privies

– Successive purchasers (Salvador Jr. and Angel Encarnacion) are privies in interest and

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