Title
Supreme Court
Heirs of Tomakin vs. Heirs of Navares
Case
G.R. No. 223624
Decision Date
Jul 17, 2019
Dispute over Lot No. 8467: heirs contest ownership due to 1955 & 1957 sales. CA ruled 1955 sale valid, invalidating 1957 sale; Supreme Court affirmed.

Case Summary (G.R. No. 223624)

Relevant Property and Background Facts

Lot No. 8467 was originally titled to Jose Badana. In 1955, Quirina Badana sold one-half (A12) portion of the lot, referred to as Lot No. 8467-B, to the late spouses Remigio Navares and Cesaria Gaviola, predecessors of respondents Navares, under a "Sale with Condition." In 1957, Severina Badana sold the other half, known as Lot No. 8467-A, to spouses Aaron Nadela and Felipa Jaca, ancestors of petitioners Tomakin.

Factual Dispute and Litigation Initiation

In 2004, respondents Navares filed a Complaint for Reconveyance and Damages against petitioners Tomakin. Respondents asserted their ownership over Lot No. 8467-B by virtue of the 1955 sale and alleged continuous possession and payment of realty taxes since then. They contended that petitioners purchased and caused the titling of Lot No. 8467-A and an alleged extension of ownership over Lot No. 8467-B through questionable means, including an Extra Judicial Settlement by a stranger to the property. Petitioners countered, asserting ownership over their half and alleging prescription and laches on the part of respondents attributable to the elapsed time since 1955.

Trial Court Ruling

The Regional Trial Court (RTC) ruled in favor of petitioners Tomakin in 2010, finding respondents Navares had not sufficiently proven ownership over Lot No. 8467-B. The RTC ordered respondents to return the title under Transfer Certificate of Title (TCT) No. 131499 to petitioners and to pay attorney’s fees and litigation expenses.

Court of Appeals Decision

On appeal, the Court of Appeals (CA) reversed and set aside the RTC ruling in 2014. The CA found that respondents Navares' possession was indeed in the concept of an owner based on the admission that most respondents lived in the property and leased portions thereof. The CA held that prescription did not bar respondents’ reconveyance claim because their possession was actual and continuous.

The CA also ruled that the "sale with condition" did not render the transfer of ownership ineffective since the condition reserved only the vendor’s right to fruits of the property during her lifetime and lacked express terms making ownership conditional. Moreover, petitioners lacked the legal standing to challenge this condition as they were not parties to the original deed, and Quirina Badana, the original vendor, did not assert any claim before her death.

Consequently, the CA declared the 1955 sale covering Lot No. 8467-B valid and the 1957 sale by Severina Badana valid only in so far as it applied to her half share (Lot No. 8467-A). The CA invalidated the titles held under TCT No. 131499 in the names of petitioners Tomakin and ordered the Register of Deeds to cancel the title and issue a new one in favor of respondents Navares.

Petitioners’ Motion for Reconsideration and Supreme Court’s Procedural History

Petitioners filed a Motion for Reconsideration with the CA, which was denied in 2016. They subsequently filed a Petition for Review on Certiorari under Rule 45 of the Rules of Court. The Supreme Court required respondents Navares to comment on the Petition, but respondents failed to file a Comment, resulting in a waiver of said right.

Issues for Resolution

The Petition raised four central issues: (1) whether the CA erred in finding respondents’ possession was in the concept of an owner; (2) whether the CA failed to recognize the indefeasibility of the Torrens title held by petitioners; (3) whether respondents had no cause of action without a prior declaration of heirship establishing their status as heirs of the original purchasers; and (4) whether respondents are guilty of laches for failing to assert their claim sooner.

Supreme Court’s Analysis: Possession in the Concept of Owner and Prescription

The Court upheld the CA’s factual finding that respondents were in actual, open, and continuous possession of the property in the concept of an owner. Citing the precedent in Spouses Alfredo v. Spouses Borras, the Court explained that prescription does not run against a plaintiff who remains in possession, as such possession grants the right to seek judicial protection upon disturbance or competing claims. The filing of the reconveyance complaint thus amounted to an assertion of ownership and the right to quiet title.

Indefeasibility of the Torrens Title and Remedy Chosen

Addressing the second issue, the Court clarified that respondents did not undertake a collateral attack on a certificate of title, which is protected under Section 48 of Presidential Decree No. 1529. Instead, they pursued the recognized remedy of reconveyance to correct the wrongful registration of the property. The Court referenced Director of Lands v. Register of Deeds, emphasizing that the proper recourse is a direct action for reconveyance or for damages, respecting the registry as conclusive.

Failure to Raise Declaration of Heirship and Procedural Bar on New Issues

On the third issue, th


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