Case Summary (G.R. No. 61584)
Facts of Succession and Property
Agatona owned two parcels in Negros Occidental: Lot No. 757 (1,946 m²) under OCT No. RO-8376, and Lot No. 1091 (69,080 m²) under OCT No. RO-11653. Upon her death, Donato and Pascual inherited undivided shares. Pascual’s subsequent death transmitted his share to his children, making them co‐owners with Donato.
Extrajudicial Adjudication and Title Transfer
In 1963 Donato executed an Affidavit of Declaration of Heirship, purporting to extrajudicially adjudicate Lot 757 to himself alone. The Register of Deeds canceled OCT RO-8376 and issued TCT No. 35979 in Donato’s name.
Sale and Redemption Transactions
On May 28, 1974, Donato sold Lot 1091 to his daughter Juliana. The lot had been forfeited for non-payment of taxes in 1952 and acquired by the provincial government. On May 29, 1974, Juliana redeemed the entire parcel for ₱2,959.09.
Complaint and Trial Court Proceedings
In January 1975 the respondents filed for partition of both lots and damages. Petitioners pleaded prescription as to Lot 757 and asserted that Juliana acquired full title to Lot 1091 by sale and redemption.
Ruling of the Trial Court and Court of Appeals
The trial court dismissed the respondents’ claim to Lot 757 for prescription. As to Lot 1091 it held that respondents were entitled to one-half undivided share; Juliana’s purchase of Donato’s share made her a co‐owner only, and her redemption entitled her to reimbursement, not exclusive title. The Court of Appeals affirmed.
Succession Rights and Co-ownership Principles
Under Article 777 and 1078 of the Civil Code, heirs acquire rights at death and co-own the estate until partition. Pascual did not predecease Agatona, so representation by his children did not operate at her death. Upon Pascual’s death, his children stepped into his undivided share.
Effects of Co-owner’s Sale and Redemption
Article 493 of the Civil Code allows a co-owner to alienate only his undivided share. A sale of the entire property by one co-owner transfers only that co-owner’s portion, making the purchaser a co-owner (Punsalan v. Boon Liat; Bailon-Casilao v. CA). Redemption by one co-owner likewise preserves co-ownership; it creates a lien for reimbursement (Adille v. CA; Civil Code, arts. 488, 1612–1613).
Petitioners’ Challenge to Accounting
Petitioners contested the trial court’s award of ₱5,000 per annum for ha
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Procedural History
- Petition for review on certiorari filed before the Supreme Court seeking reversal of the Court of Appeals decision (dated July 14, 1982, CA-G.R. No. 62255-R) which affirmed the Court of First Instance of Negros Occidental, Branch IV (Civil Case No. 11770).
- Petitioners: Donato S. Paulmitan, Juliana P. Fanesa and Rodolfo Fanesa.
- Respondents: Court of Appeals, Alicio Paulmitan, Elena Paulmitan, Abelino Paulmitan, Anita Paulmitan, Baking Paulmitan, Adelina Paulmitan and Anito Paulmitan.
Antecedent Facts
- Decedent Agatona Sagario Paulmitan died in 1953 owning two parcels in Negros Occidental:
• Lot No. 757 (1,946 sqm), covered by OCT No. RO-8376
• Lot No. 1091 (69,080 sqm), covered by OCT No. RO-11653 - Agatona’s legitimate children: Pascual (died 1953) and Donato (petitioner).
- Pascual’s seven children are the private respondents. Donato’s sole child is Juliana P. Fanesa (petitioner), married to Rodolfo Fanesa.
Extrajudicial Adjudication of Lot No. 757
- August 11, 1963: Donato executed an Affidavit of Declaration of Heirship, extrajudially adjudicating Lot 757 to himself as sole heir.
- August 20, 1963: Register of Deeds cancelled OCT No. RO-8376 and issued TCT No. 35979 in Donato’s name.
- Petitioners raised prescription as an affirmative defense; trial court dismissed respondents’ complaint as to Lot 757 on April 22, 1976; that order became final.
Sale, Forfeiture and Redemption of Lot No. 1091
- 1952: Lot 1091 forfeited for non-payment of taxes; sold at public auction; Provincial Government acquired title.
- May 28, 1974: Donato sold Lot 1091 to his daughter Juliana by Deed of Sale.
- May 29, 1974: Juliana redeemed Lot 1091 from the Provincial Government for ₱2,959.09.
Trial Court Ruling on Lot No. 1091
- Respondents filed complaint for partition and dam