Case Summary (G.R. No. 75886)
Background and Property History
Originally, Lot No. 1549 was registered in the name of Januario Avendano, a bachelor who passed away intestate on October 22, 1945, without any surviving heirs. On September 21, 1959, the intestate heirs of Januario Avendano executed a document titled "Paghahati at Pagtagahuyan ng Mana sa Labas ng Hukuman," which partitioned the property among the heirs, allocating undivided shares among them, including a share to Ernesto and Victor Roque. Subsequently, on September 28, 1959, the co-owners sold their collective three-fourths share of Lot No. 1549 to Ernesto and Victor Roque for P500.00, formalized through notarized deeds.
Subsequent Transactions
On November 27, 1961, Ernesto and Victor Roque executed an unnotarized sale of a three-fourths undivided portion of Lot No. 1549 to petitioner Concepcion Roque. Despite this transaction, the property continued to be registered under the name of Januario Avendano. A survey conducted on September 20, 1975, led to the preparation of a subdivision plan indicating the ownership divide: a one-fourth portion for Ernesto and Victor, and a three-fourths portion for Concepcion. However, the respondents disputed Concepcion's ownership, rejecting attempts at amicable settlement.
Initial Complaint and Denial of Ownership
On December 6, 1977, Concepcion filed a complaint for "Partition with Specific Performance" against the respondents, claiming her legal ownership based on the 1961 deed. The respondents opposed this by questioning the validity of the deed, alleging forgery, and asserting that Concepcion was occupying the land merely with their tolerance, denying her status as a co-owner.
Decision of the Regional Trial Court
On June 27, 1983, the Regional Trial Court of Malolos ruled in Concepcion’s favor. The trial court's decision included an order for the respondents to execute a deed confirming the sale and for the partition of Lot No. 1549 according to the approved subdivision plan. The trial court found compelling evidence in favor of Concepcion's claim.
Appeal and Reversal by the Intermediate Appellate Court
Dissatisfied with the trial court's decision, the respondents appealed, alleging various errors, including the refusal to recognize the sale's validity. The Intermediate Appellate Court reversed the trial court’s decision in a ruling dated July 31, 1986, concluding that once co-ownership was contested, the appropriate action for Concepcion would have been an action reivindicatoria rather than a partition suit.
Legal Reasoning and Ownership Dispute
The appellate court emphasized that an action for partition could not prevail against an assertion of adverse title from the defendants. The court underscored that the action should have transformed into a claim for recovery of title once the defendants denied co-ownership. It recommended that the trial court should have dismissed the partition action, prompting Concepcion to re-file under the correct cause of action.
Court's Conclusion on Concepcion's Claim
In reviewing the case, the court stated that a partition action encompasses both the determination of co-ownership and the subsequent division of property among co-owners. If the court determines the plaintiff's co-ownership status favorably, then partitioning can follow within the sa
...continue readingCase Syllabus (G.R. No. 75886)
Case Overview
- The case revolves around a Petition for Review challenging the Decision of the Intermediate Appellate Court dated 31 July 1986, which reversed the ruling of the Regional Trial Court of Malolos, Branch 9.
- The subject of the dispute is a 312 square meter parcel of land in San Juan, Malolos, Bulacan, designated as Lot No. 1549.
- The land was originally registered in the name of Januario Avendano, who died intestate on 22 October 1945, leaving behind intestate heirs.
Background of the Case
- On 21 September 1959, the intestate heirs executed an extrajudicial partition of Lot No. 1549.
- Distribution of Shares:
- One-fourth to Illuminada Avendano.
- One-fourth to Gregorio Avendano and Miguel Avendano.
- One-fourth to Bernardino, Bienvenido, Numeriano, and Rufina Avendano.
- One-fourth to Ernesto Roque and Victor Roque.
- Distribution of Shares:
- The co-owners, excluding Concepcion Roque, transferred their collective three-fourths share to Ernesto and Victor Roque in exchange for P500 on 28 September 1959.
- On 27 November 1961, Ernesto and Victor Roque sold a three-fourths undivided portion of Lot No. 1549 to Concepcion Roque via an unnotarized document.
Legal Proceedings
- In December 1977, Concepcion Roque filed a Complaint for "Partition with Specific Performance" against Ernesto Roque and the heirs of Victor Roque.
- She claimed ownership based on the unnotarized sale dated 27 November 1961 and sought partition of the property.
- The respondents denied the validity of the sale and argued that Concepcion Roque was merely