Title
Heirs of Pasag vs. Spouses Parocha
Case
G.R. No. 155483
Decision Date
Apr 27, 2007
Dispute over estate ownership; petitioners failed to formally offer evidence, leading to dismissal of claims for fraud and exclusion.
dismissal of complaint
share in properties
court orders
A

Case Summary (G.R. No. 155483)

Factual Background

Petitioners filed a Complaint for Declaration of Nullity of Documents and Titles, Recovery of Possession and Ownership, Reconveyance, Partition and Damages against respondents in the Urdaneta City RTC. Petitioners asserted that they were entitled to a share over three (3) properties allegedly owned by respondents, properties that petitioners claimed formed part of the estate of their deceased grandparents, Benito and Florentina Pasag.

Petitioners alleged that Benito and Florentina Pasag died intestate, leaving all their properties to their eight (8) children: Pedro, Isidro, Basilio, Severino, Bonifacio, Maria, Juanita, and Fortunata. Petitioners further alleged that Severino, who was the predecessor of respondents, executed an affidavit of self-adjudication claiming to be the sole, legal, and compulsory heir of Benito and Florentina Pasag, thereby enabling him to appropriate properties covered by OCT Nos. 2983 and 1887. Petitioners also alleged that Severino used the same affidavit to obtain a free patent over an agricultural land long under the possession of Benito and Florentina.

Respondents denied these material allegations. They averred in their Answer that the properties left by Benito and Florentina had already been partitioned among their eight (8) surviving children. Respondents claimed that the parcels covered by OCT Nos. 2983 and 1887 represented Bonifacio’s share, which Bonifacio later renounced in a Quitclaim Deed in favor of Severino. Regarding the parcel covered by OCT No. P-20607, respondents alleged it had been in Severino’s possession and occupation since 1940, which entitled him to apply for and be granted a free patent. They maintained that, having complied with the legal requirements, Severino’s title had become indefeasible.

Trial Court Proceedings and the Offer-of-Evidence Controversy

The trial commenced on March 19, 1996. Petitioners rested their case on March 9, 1999, and the RTC granted them ten (10) days to submit their formal offer of documentary exhibits. Petitioners failed to submit within that period. On April 19, 1999, petitioners requested an extension until May 11, 1999, and the RTC granted the request. On May 11, 1999, petitioners again failed to submit and sought another extension of five (5) days. Still, they did not submit their formal offer of evidence within the extended period.

As a consequence, in its June 17, 1999 Order, the RTC deemed petitioners’ right to make their formal offer waived. Later, on July 27, 1999, petitioners moved for the admission of their offer of evidence. On September 1, 1999, however, the RTC denied admission of petitioners’ formal offer for petitioners’ “consistent failure” to submit it.

On October 28, 1999, respondents filed a Motion to Dismiss on Demurrer to Evidence. On February 24, 2000, the RTC granted the demurrer to evidence and dismissed the Complaint. Petitioners’ Motion for Reconsideration was denied for lack of merit.

Appellate Review by the Court of Appeals

Petitioners appealed to the CA. The CA affirmed the trial court. It held that petitioners failed to prove their claims by a preponderance of evidence, noting that no concrete and substantial evidence supported petitioners’ allegation that Severino fraudulently executed an affidavit of self-adjudication to exclude petitioners from the settlement of the estate of Benito and Florentina Pasag.

Issues Raised Before the Supreme Court

Petitioners assigned reversible errors to the CA, arguing essentially two matters: first, that gross negligence of counsel deprived them of due process and should have prevented the outcome; and second, that the CA should have remanded the case for further proceedings rather than affirming dismissal.

The Supreme Court framed the principal issues as (1) the propriety of the waiver of petitioners’ offer of documentary evidence and (2) the correctness of the dismissal of the Complaint on a demurrer to evidence.

Legal Basis: Waiver of Formal Offer of Evidence

The Supreme Court reiterated that the Rules of Court require that “the court shall consider no evidence which has not been formally offered,” emphasizing that judges must rely strictly on the evidence formally offered. The Court explained that a formal offer is required so the trial court can be informed of the purposes for which evidence is presented, so opposing parties can object to admissibility, and so appellate review is not burdened by documents never scrutinized by the trial court.

The Court treated strict compliance as non-negotiable. It relied on Constantino v. Court of Appeals, which held that the formal offer of evidence is deemed waived when not made within a considerable period. The Court recalled that in Constantino, the admission of an offer after a lapse of three (3) months would condone inexcusable laxity and would encourage delay, thereby undermining speedy administration of justice.

Applying those principles, the Court found that the RTC had a reasonable basis to deem waived petitioners’ documentary or object evidence. Despite several extensions, petitioners failed to comply and allowed almost five months to lapse before finally seeking admission. The Court characterized this failure as incompatible with efficient and expeditious dispensation of justice.

The Court further underscored the procedural framework governing offers of evidence. Under A.M. No. 03-1-09-SC, the last day allotted for each party requires the formal offer of evidence after the presentation of the last witness, with the opposing party immediately objecting in open court. The judge may allow written offers only by discretion and only within the contemplated limits.

The Court then explained Section 35, Rule 132, which provides that documentary and object evidence shall be offered after testimonial evidence, requiring offers to be made orally unless allowed in writing by the Court. Reading the pre-trial guidelines together with Section 35, the Court held that the party who terminated the presentation of evidence must make the oral offer on the day of the last witness. The Court allowed writing only in extreme cases, such as where documents are numerous (for example, one hundred (100) and above), and only where unusual difficulty exists in preparation; it also required that the party file a litigated motion, pay the filing fee, set the hearing date not later than ten (10) days from filing, and serve the motion at least three (3) days before the hearing. This was not an ex parte concession.

The Court added that counsel should not depend on the benevolence of the trial court. A draft offer of evidence could be prepared after issuance of the pre-trial order, since counsel would then be aware of the documentary or object evidence contemplated for use. The Court stressed that under pre-trial directives, no evidence should be allowed during trial other than those identified and pre-marked; evidence not indicated or listed is deemed waived, and the Court may allow additional evidence only under specified exceptions, such as evidence for cross-examination or rebuttal purposes, or evidence not available despite due diligence.

At the core of the Court’s reasoning was the distinction between identification and formal offering. The Court emphasized that marking a document as an exhibit during pre-trial or trial does not equate to formal offering upon rest of the case. Evidence must be formally offered to be considered; otherwise, it must be excluded and rejected. It followed that because petitioners’ documentary evidence was never formally offered within the required framework, it was inadmissible.

Legal Basis: Dismissal on Demurrer to Evidence

With the documentary evidence excluded, the Supreme Court addressed whether dismissal on demurrer to evidence was proper. It described a demurrer to evidence as an instrument for expeditious termination of an action. It challenges the sufficiency of the plaintiff’s evidence to support a verdict.

The Court explained that, in assessing a demurrer, the trial court must determine whether the plaintiff presented competent and sufficient proof to sustain the case. The Court itself, after thorough review of the record, found that petitioners had failed to sufficiently prove the allegations in their Complaint.

The Court reiterated the evidentiary rule that the burden of proof lies on the party who makes allegations. Petitioners did not substantiate their claims and, according to the Court, merely urged that the Complaint should be threshed out in a full-blown trial to enable judicial appre

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