Case Summary (G.R. No. L-29320)
Origin of the Dispute
The conflict centers on an extrajudicial partition executed on April 6, 1941, by three grandchildren of Gertrudes Zamora—Nicolas, Santiago, and Gaudencio Segura—who excluded six other grandchildren from the partition. This partition was only registered in 1946, and subsequently, the land was sold to Emiliano Amojido with a right to repurchase, which was not exercised. The property changed hands several times thereafter, with subsequent transactions lacking the inclusion of the excluded heirs, leading to legal complications.
Legal Proceedings
The plaintiffs filed Civil Case No. 3941 in 1956 for recovery of possession, which was dismissed in 1958 on the grounds of lack of prosecution. They later filed a new complaint on January 11, 1968, denouncing the prior partition as void due to their exclusion. The defendants moved to dismiss this complaint, arguing it was barred by prior judgment and that the action had prescribed under the Civil Code and the Rules of Court, a claim the plaintiffs opposed.
Dismissal of the Complaint
The trial court dismissed the 1968 complaint on March 28, 1968, citing prescription as the invalidation of the prior extrajudicial partition should have been asserted within two years of its execution, thus precluding the current action filed fifteen years later. The court later denied a motion for reconsideration on May 28, 1968, further asserting the ground of res judicata.
Analysis of Res Judicata and Prescription
The Supreme Court found no grounds for res judicata as the earlier dismissal did not preclude future actions. However, the analysis concerning prescription was complex. The court upheld that the right to challenge the extrajudicial partition under Rule 74, Section 4 of the Rules of Court indeed necessitated a claim within two years from 1941. Nonetheless, as the partition was deemed invalid concerning other heirs, the two-year prescription did not apply to the plaintiffs.
Consideration of Co-Ownership Rights
The court further deliberated that ownership rights over property require valid co-ownership transfers. The defendants cited articles from the Civil Code stating ownership can be acquired through adverse possession. The court noted that as the partition was null for excluding heirs, transfers based on it were invalid. The annotation on the title secured by Amojido recognizing the claims of other heirs exemplified that any period of prescription did not commence until he repudiated those claims.
Repudiation and Commencement of Prescription
The court established that the prescriptive period effectively began once the titl
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Case Background and Parties Involved
- This case involves a dispute over property inherited from a common ancestor, Gertrudes Zamora, who died intestate in 1936, leaving four children.
- The land in question measures 4,060 square meters and was registered under Original Certificate of Title No. 1994.
- The plaintiffs-appellants are the grandchildren of Gertrudes Zamora, specifically Felipe, Antonia, Nicanora, Bernandina, Alipio, and Monserrat Segura.
- The defendants-appellees include Nicolas, Santiago, Gaudencio Segura, Emiliano Amojido, Mildred Elison vda. de Javelosa, Ernesto Amojido, Epifania de Amojido, Igmedio Amojido, and the Rural Bank of Santa Barbara.
Nature of the Dispute
- The conflict arose when three of the nine grandchildren (Nicolas, Santiago, and Gaudencio) executed a deed of extrajudicial partition in 1941, claiming the entire property for themselves, excluding their siblings and other co-heirs.
- The partition was registered five years later, in 1946, after the property was sold to Emiliano Amojido, who had a right to repurchase that was never exercised.
Sequence of Transactions
- Emiliano Amojido sold the land in 1953 to Mirope Mascerenas vda. de Elison, who obtained a Transfer Certificate of Title (TCT No. T-19396).
- In 1956, the excluded grandchildren filed Civil Case No. 3941 for recovery of possession and ownership, which was later dismissed in 1958.
- The land changed hands multiple times, eventually mortgaged to the Rur