Title
Spouses Sabitsana, Jr. vs. Muertegui
Case
G.R. No. 181359
Decision Date
Aug 5, 2013
A dispute over unregistered land sold twice: first to Juanito Muertegui in 1981, then to Atty. Sabitsana in 1991. Courts ruled the first sale valid, voiding the second due to bad faith, applying Act No. 3344, and awarding attorney’s fees to Juanito.

Case Summary (G.R. No. 181359)

Petitioners

Atty. Clemencio C. Sabitsana, Jr. (family lawyer of the Muertegui family) and his wife Ma. Rosario M. Sabitsana, who acquired the lot by notarized deed on October 17, 1991, registered February 6, 1992 (Tax Declaration No. 5327).

Respondent

Juanito F. Muertegui, who purchased the lot by unnotarized deed on September 2, 1981, possessed and cultivated it with his father and brother, and paid real property taxes from 1980–1998 (original Tax Declaration No. 1996).

Key Dates

– September 2, 1981: Unnotarized sale by Alberto García to Juanito Muertegui.
– October 17, 1991: Notarized sale by García to petitioners.
– February 6, 1992: Registration of petitioners’ deed; Tax Declaration No. 5327 issued.
– August 24, 1998: Sabitsana’s letter opposing Muertegui heirs’ land registration.
– April 11, 2000: Quieting-of-title suit filed by Juanito Muertegui.
– October 28, 2002: RTC Decision in favor of respondent.
– January 25, 2007 & January 11, 2008: CA Decision and Resolution affirming RTC.
– August 5, 2013: Supreme Court decision applying the 1987 Constitution.

Applicable Law

– 1987 Constitution (property and judicial power).
– Rule 63, Rules of Court (quieting of title jurisdiction).
– Act No. 3344, as amended (recording of instruments affecting unregistered lands).
– Civil Code (Arts. 1544, 2208 on double sale and attorney’s fees).
– RA 7691 (expanded jurisdiction of lower courts).
– Code of Professional Responsibility (lawyer’s loyalty to client).

Factual Antecedents

Alberto García sold the unregistered lot to Juanito in 1981; Juanito’s family possessed and improved the land. In 1991, unaware or disbelieving the prior sale, Atty. Sabitsana purchased the same lot from García and promptly registered his deed. Upon Domingo Sr.’s death, Muertegui heirs sought registration under the Public Land Act; Sabitsana opposed, claiming ownership. Juanito filed for quieting of title and prayed to nullify petitioners’ deed, letter and tax declaration, and for damages and attorney’s fees.

Procedural History

– RTC: Found petitioners acted in bad faith; declared 1981 deed valid and preferred, nullifying the 1991 deed and Tax Declaration No. 5327; awarded P30,000 attorney’s fees and P10,000 litigation expenses to respondent.
– CA: Held sale to Juanito voidable only (absence of marital consent), but valid without annulment; applied Art. 1544, gave preference to Juanito’s prior possession; affirmed RTC decision in toto.
– Supreme Court: Granting certiorari, reviewed jurisdiction, applicable law, good faith, registration effect, and lawyer’s duty.

Issues

  1. Jurisdiction of the RTC over quieting of title despite assessed value (P1,230) being within lower court limits.
  2. Applicability of Art. 1544 (Civil Code) vs. Act No. 3344 for unregistered land.
  3. Prescription, laches, estoppel against respondent.
  4. Justifiability of attorney’s fees and litigation expenses award.

Petitioners’ Arguments

– RTC lacked jurisdiction as assessed value did not exceed P20,000 under RA 7691.
– Art. 1544 inapplicable to unregistered land; PD 1529 governs and binds only parties to the instrument.
– Respondent delayed asserting rights (laches, estoppel, prescription).
– No bad faith; therefore attorney’s fees and litigation expenses award is unwarranted or improperly supported.

Respondent’s Arguments

– Quieting of title falls under Rule 63 and is not subject to lower court limits.
– Art. 1544 applies to double sale, emphasizing petitioners’ bad faith.
– Respondent persistently exercised rights; prior recovery suit negates laches.
– Under Civil Code Art. 2208, petitioners’ bad faith compels award of attorney’s fees and expenses.

Supreme Court Ruling

  1. Jurisdiction: RTC has original and exclusive jurisdiction over quieting-of-title actions under Rule 63, regardless of assessed value.
  2. Applicable Law: Art. 1544 does not govern unregistered land; Act No. 3344 controls recording and protects thi

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