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BETTYB.LACBAYAN,petitioner,vs. BAYANIS.SAMOY,
JR.,respondent.
Ownership; CoOwnership; Partition; The determination as to
the existence of coownership is necessary in the resolution of an
action for partition.Our disquisition in Municipality of Bian v.
Garcia, 180 SCRA 576 (1989), is definitive. There, we explained
that the determination as to the existence of coownership is
necessary in
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*THIRDDIVISION.
678
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SUPREMECOURTREPORTSANNOTATED
Lacbayan vs. Samoy, Jr.
theresolutionofanactionforpartition.Thus:Thefirst phase of a
partition and/or accounting suit is taken up with the
determination of whether or not a coownership in fact
exists, and a partition is proper (i.e., not otherwise legally
proscribed) and may be made by voluntary agreement of all the
parties interested in the property. This phase may end with a
declaration that plaintiff is not entitled to have a partition either
because a coownership does not exist, or partition is legally
prohibited.Itmayend,ontheotherhand,withanadjudgmentthat
a coownership does in truth exist, partition is proper in the
premises and an accounting of rents and profits received by the
defendant from the real estate in question is in order. x x x The
second phase commences when it appears that the parties are
unable to agree upon the partition directed by the court. In that
event[,] partition shall be done for the parties by the [c]ourt with
theassistanceofnotmorethanthree(3)commissioners.Thissecond
stagemaywellalsodealwiththerenditionoftheaccountingitself
anditsapprovalbythe[c]ourtafterthepartieshavebeenaccorded
opportunitytobeheardthereon,andanawardfortherecoveryby
the party or parties thereto entitled of their just share in the rents
andprofitsoftherealestateinquestion.xxx(Emphasissupplied.)
Same; Land Titles; Words and Phrases; What cannot be
collaterally attacked is the certificate of title and not the title itself;
Title as a concept of ownership should not be confused with the
certificate of title as evidence of such ownership although both are
interchangeably used.Would a resolution on the issue of
ownershipsubjecttheTorrenstitleissuedoverthedisputedrealties
to a collateral attack? Most definitely, it would not. There is no
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necessitatepriorsettlementofquestionsoflaw,basicofwhichisa
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Lacbayan vs. Samoy, Jr.
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party either used his or her own money or that he or she actually
contributed his or her own money to purchase the property.
Jurisprudenceholdsthatthisfactmaybeprovenbyevidenceinthe
form of bank account statements and bank transactions as well as
testimonial evidence proving the financial capacity of the party to
purchasethepropertyorcontributetothepurchaseofaproperty.
Same; Same; Unless there is a clear showing to the contrary,
income from a business cannot automatically be considered as
personal earnings, especially in this case where the income referred
to is corporate income.Unless there is a clear showing to the
contrary, income from a business cannot automatically be
considered as personal earnings, especially in this case where the
incomethepetitionerreferredtoiscorporateincome.Thepetitioner
should have presented evidence showing that the income she
referredtoactuallyaccruedtoherintheformofsalaries,bonuses,
commissions and/or dividends from the manpower business.
Otherwise, the rule regarding the corporations distinct legal
personality from its officers, stockholders and members applies.
Unless otherwise shown, the source of the earnings would be the
corporations,notthepetitioners.
Courts; Judgments; The phrase, without prejudice to any
claim his legal wife may have filed or may file against him in the
last part of the dispositive portion of the Decision, is objectionable
for one, no issue exists in this case between the legitimate spouses
regarding the nature of the properties they commonly or
individually hold, and, additionally, the phrase creates the
impression that the Court is giving legal advice to the wife of the
respondent on what course of action to take against her husband.
Thephrase,without prejudice to any claim his legal wife may have
filed or may file against him in the last part of the dispositive
portion of the Decision, is similarly objectionable. For one, no issue
exists in this case between the legitimate spouses regarding the
nature of the properties they commonly or individually hold.
Additionally, the phrase creates the impression that the Court is
givinglegaladvicetothewifeoftherespondentonwhatcourseof
actiontotakeagainstherhusband.Thisstatementisbeyondwhat
this Court should properly state in its Decision given the facts and
issuesposed,andisplainlyuncalledfor.
682
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SUPREMECOURTREPORTSANNOTATED
Lacbayan vs. Samoy, Jr.
PETITIONforreviewoncertiorariofadecisionoftheCourt
ofAppeals.
ThefactsarestatedintheopinionoftheCourt.
Margarita C. Feliciano forpetitioner.
Culvera & Waytan Law Offices forrespondent.
Cesar B. Jimenea, Jr. collaborating counsel for
respondent.
VILLARAMA,JR.,J.:
Thissettlesthepetitionforreviewoncertiorari filed by
petitionerBettyB.LacbayanagainstrespondentBayaniS.
Samoy,Jr.assailingtheSeptember14,2004Decision1ofthe
Court of Appeals (CA) in CAG.R. CV No. 67596. The CA
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683
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5Records,pp.78,5152.
6 Id.,atpp.910,5758.
7 Id.,atpp.1112,5556.
8 Id.,atpp.1314,5354.
9Id.,atpp.1516,5960.
10Rollo,p.31.
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SUPREMECOURTREPORTSANNOTATED
Lacbayan vs. Samoy, Jr.
Eventually,however,theirrelationshipturnedsourand
theydecidedtopartwayssometimein1991.In1998,both
parties agreed to divide the said properties and terminate
their business partnership by executing a Partition
Agreement.11 Initially, respondent agreed to petitioners
proposalthatthepropertiesinMalvarSt.andDonEnrique
Heightsbeassignedtothelatter,whiletheownershipover
thethreeotherpropertieswillgotorespondent.12However,
whenpetitionerwantedadditionaldemandstobeincluded
in the partition agreement, respondent refused.13 Feeling
aggrieved, petitioner filed a complaint for judicial
partition14ofthesaidpropertiesbeforetheRTCinQuezon
CityonMay31,1999.
In her complaint, petitioner averred that she and
respondentstartedtolivetogetherashusbandandwifein
1979 without the benefit of marriage and worked together
as business partners, acquiring real properties amounting
toP15,500,000.00.15Respondent,inhisAnswer,16however,
denied petitioners claim of cohabitation and said that the
properties were acquired out of his own personal funds
withoutanycontributionfrompetitioner.17
Duringthetrial,petitioneradmittedthatalthoughthey
weretogetherforalmost24hoursadayin1983until1991,
respondent would still go home to his wife usually in the
weehoursofthemorning.18Petitionerlikewiseclaimedthat
they acquired the said real estate properties from the
income of the company which she and respondent
established.19
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11Records,pp.6164.
12Id.,atp.63.
13Rollo,p.32.
14Records,pp.26.
15Id.,atp.2.
16Id.,atpp.2628.
17Id.,atp.26.
18TSN,BettyB.Lacbayan,October20,1999,pp.5254.
19Id.,atpp.5758.
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Noticeably,thelastargumentisessentiallyaquestionof
fact, which we feel has been squarely threshed out in the
decisionsofboththetrialandappellatecourts.Wedeemit
wise not to disturb the findings of the lower courts on the
saidmatterabsentanyshowingthattheinstantcasefalls
under the exceptions to the general rule that questions of
fact are beyond the ambit of the Courts jurisdiction in
petitions under Rule 45 of the 1997 Rules of Civil
Procedure,asamended.Theissuesmaybesummarizedinto
onlythree:
I.Whether an action for partition precludes a settlement on the
issueofownership;
II.Whether the Torrens title over the disputed properties was
collaterallyattackedintheactionforpartition;and
III.Whetherrespondentisestoppedfromrepudiatingcoownership
overthesubjectrealties.
Wefindthepetitionbereftofmerit.
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27Id.,atpp.1718,2122.
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SUPREMECOURTREPORTSANNOTATED
Lacbayan vs. Samoy, Jr.
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Lacbayan vs. Samoy, Jr.
Tobeadmissible,anadmissionmust(a)involvematters
offact,andnotoflaw;(b)becategoricalanddefinite;(c)be
knowinglyandvoluntarilymade;and(d)beadversetothe
admitters interests, otherwise it would be selfserving and
inadmissible.39
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36Id.,atpp.547548.
37Id.,atp.548.
38Regalado,REMEDIALLAWCOMPENDIUM ,Vol.II.,2004edition,p.715,
citing31C.J.S.1022.
39Id.
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Respondentisnotallowedbylawtowaivewhatevershare
his lawful spouse may have on the disputed properties.
Basic is the rule that rights may be waived, unless the
waiveriscontrarytolaw,publicorder,publicpolicy,morals,
good customs or prejudicial to a third person with a right
recognizedbylaw.40
Curiously, petitioner herself admitted that she did not
assenttothePartitionAgreementafterseeingtheneedto
amend the same to include other matters. Petitioner does
nothaveanyrighttoinsistonthecontentsofanagreement
sheintentionallyrefusedtosign.
As to the award of damages to respondent, we do not
subscribetothetrialcourtsviewthatrespondentisentitled
to attorneys fees. Unlike the trial court, we do not
commiseratewithrespondentspredicament.Thetrialcourt
ruledthatrespondentwasforcedtolitigateandengagedthe
servicesofhiscounseltodefendhisinterestastoentitlehim
anawardofP100,000.00asattorneysfees.Butwenotethat
inthefirstplace,itwasrespondenthimselfwhoimpressed
upon petitioner that she has a right over the involved
properties. Secondly, respondents act of representing
himselfandpetitionerashusbandandwifewasadeliberate
attempt to skirt the law and escape his legal obligation to
his lawful wife. Respondent, therefore, has no one but
himselftoblametheconsequencesofhisdeceitfulactwhich
resultedinthefilingofthecomplaintagainsthim.
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40Art.6,CIVILCODE .
692
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SUPREMECOURTREPORTSANNOTATED
Lacbayan vs. Samoy, Jr.
WHEREFORE,thepetitionisDENIED.TheSeptember
14,2004DecisionoftheCourtofAppealsinCAG.R.CVNo.
67596 is AFFIRMED with MODIFICATION. Respondent
Bayani S. Samoy, Jr. is hereby declared the sole owner of
thedisputedproperties,withoutprejudicetoanyclaimhis
legal wife may have filed or may file against him. The
award of P100,000.00 as attorneys fees in respondents
favorisDELETED.
Nocosts.
SOORDERED.
CarpioMorales (Chairperson), Bersamin and Sereno,
JJ., concur.
Brion, J.,SeeSeparateOpinion.
SEPARATEOPINION
BRION,J.:
Thiscasestemmedfromacomplaintforjudicialpartition
ofseveralpropertiesbasedonthepetitionersassertionofco
ownership.Asinothercivilcases,theburdenofproofrests
ontheparty(thepetitionerinthiscase)who,asdetermined
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Thus,anypropertyacquiredduringthecohabitationcan
onlybeconsideredcommonpropertyiftwo(2)conditionsare
met: first, there must be evidence showing that the
properties were acquired by the parties during their
cohabitation; and second, there must be evidence that the
properties were acquired through the parties actual joint
contributionofmoney,property,orindustry.Statedplainly,
coownershiponlyariseswhenthereisclearproofshowing
the acquisition of the property during the cohabitation of
theparties,andtheactualjointcontributionoftheparties
toacquirethesame.Thesetwo(2)conditionsmustconcur.
On the contribution aspect of these elements, mere
cohabitationunderArticle148oftheFamilyCode,without
proofofcontribution,willnotresultinacoownership;proof
ofactualcontributionmustbeestablishedbyclearevidence
showingthatthepartyeitherusedhisorherownmoneyor
thatheorsheactuallycontributedhisorherownmoneyto
purchase the property.2 Jurisprudence holds that this fact
may be proven by evidence in the form of bank account
statements and bank transactions as well as testimonial
evidence proving the financial capacity of the party to
purchase the property or contribute to the purchase of a
property.3
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2Villanueva v. Court of Appeals,G.R.No.143286,April14,2004,427
SCRA439.
3 Atienza v. De Castro, G.R. No. 169698, November 29, 2006, 508
SCRA593.
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Lacbayan vs. Samoy, Jr.
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Iadditionallyobservethatexceptforone,allthesubject
propertiesnametherespondentastheexclusiveregistered
owner.Althoughthemereissuanceofacertificateoftitlein
the name of any person does not foreclose the possibility
that the real properties covered thereby may be under co
ownership with the petitioner and viceversa, the fact
remains that the subject properties are registered in the
respondents name. The rebuttable presumption is that
thesepropertiesbelongtotherespondentorto the conjugal
partnership of the respondent,inlinewithArticle116ofthe
FamilyCodeandArticle160oftheCivilCode.5
In sum, the petitioners case for judicial partition of the
subjectpropertieshasnolegalbasisintheabsenceofaclear
evidence of coownership proven under the circumstances.
Consequently, we must deny the petition for lack of
merit without.
As final observations, I disagree with the Majoritys
conclusiondeclaringtherespondentasthesoleownerofall
the properties sought to be partitioned. Records show that
thepetitionerisaregisteredcoownerofoneofthefive(5)
propertiescitedinthiscase,i.e.,therealestateunderTCT
No. 23301 registered in the name of Spouses Bayani S.
Samoy and Betty Lacbayan. By the tenor of its decision,
the Majority effectively (and unnecessarily) introduced a
cloudoverthepetitionersinterestsinthiscommonlyowned
property. I note, too, that the complaint underlying this
petition is an action for partition; the adjudication of this
caseshouldnecessarilybelimitedtoresolvingthepropriety
of the partition sought. Notably, the Majority itself
recognizes that registration in ones name is without
prejudicetoanactionseekingtoestablishcoownership.
Inlightoftheundisputedjointownershipoftheproperty
commonlyregisteredunderthepartiesnames,thisDecision
shouldbewithout prejudicetoanactionforpartitionto
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5Atienza v. De Castro, supranote3,atp.603.
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SUPREMECOURTREPORTSANNOTATED
Lacbayan vs. Samoy, Jr.
divideupthispropertyaremedywecannotnowprovidein
the absence of any factual basis on how the parties
contributed in acquiring this property. Alternatively, the
actualpartitionofthiscommonlyownedpropertyshouldbe
remanded to the trial court for determination of how
partitionshouldbemade.
Thephrase,without prejudice to any claim his legal wife
may have filed or may file against himinthelastpartofthe
dispositiveportionoftheDecision,issimilarlyobjectionable.
Forone,noissueexistsinthiscasebetweenthelegitimate
spouses regarding the nature of the properties they
commonly or individually hold. Additionally, the phrase
createstheimpressionthattheCourtisgivinglegaladvice
tothewifeoftherespondentonwhatcourseofactiontotake