Professional Documents
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CA
Satisfied that respondent Dolor had a registerable title over subject property the
trial court confirmed her title thereto and ordered its registration as her exclusive
N OV EMB ER 11 , 201 0 ~ VBDIA Z
property.
Republic vs. CA
Sec. 23. Notice of initial hearing, publication, etc. The court shall, within five
days from filing of the application, issue an order setting the date and hour of the
On November 25 1988, when the case was called for initial hearing, the Fiscal
initial hearing which shall not be earlier than forty-five days nor later than ninety
entered his appearance on behalf of petitioner Republic of the Philippines.
days from the date of the order
Respondent Dolor moved that an order of general default be issued against the
1. By publication. Upon receipt of the order of the court setting the time
whole world except petitioner which had filed an opposition.
for initial hearing, the Commissioner of Land Registration shall cause a
At the hearing on 20 December 1988, respondent Dolors counsel marked as
notice of initial hearing to be published once in the Official
Exhibits A to D, respectively, the Notice of Initial Hearing, the Certificate of
Gazette and once in a newspaper of general circulation in the
Publication of the Notice of Initial Hearing in the Official Gazette (October 17,
Philippines; Provided, however,that the publication in the Official
1988 issue), the Affidavit of Publication of the Editor of the Weekly Informer,
Gazette shall be sufficient to confer jurisdiction upon the court.
and the Certification or Return of Posting by the Deputy Sheriff.
The records show that while the trial court stated that the jurisdictional
Commissioner. respondent CA which affirmed the decision of the RTC is VACATED and SET ASIDE,
and the application of private respondent for the confirmation and registration of
In its decision dated 16 July 1991, the appellate court affirmed the decision her title over the property described therein is DENIED.
of the trial court, , rationalizing thus By reason of the defective notice of initial hearing, all the proceedings conducted
We find that the requirements of Sec. 23 of PD No. 1529 have been complied with by the trial court which culminated in its decision granting the prayer of
in the instant case. The record shows that the Notice of Initial Hearing set on respondent Dolor are declared VOID and it was error for respondent CA to have
November 25, 1988, issued by the Administrator, National Land Titles and Deeds sustained the same.
Registration Administration had been published in the September 10, 1988 issue The jurisdiction is not conferred by the marking of the relevant documents as
of the Weekly Informer and in Volume 84, No. 42 of the Official Gazette issue exhibits, but by the fact that all the requirements of Sec. 23, PD 1529 had been
of October 17, 1988 complied with as shown by those documents proving compliance therewith. The
The appellant (Republic) claims that while the presiding judge of the trial court trial court is not precluded from taking cognizance of its own record. But,the rule
stated that the jurisdictional requirements have been complied with on is not without exception. As borne out by the records, at the scheduled date of
November 25, 1988, the jurisdictional requirements have yet to be presented on initial hearing on 25 November 1988 and even during the actual hearing on 20
December 20, 1988 before the Branch Clerk of Court. Hence, appellant argues, December 1988, the publication requirement in the Official Gazette was
the Order of November 25, 1988 had no basis in fact and in law; there was no yet to be complied with. Although the Notice of Initial Hearing was included for
notice to interested persons adjoining owners, and the whole world; and publication in the 17 October 1988 issue of the Official Gazette, specifically Vol.
jurisdiction to hear and decide the case has not yet been conferred with the court 84, No. 42, thereof, the same was however released for publication only on
on November 25, 1988. Petitioner concludes that the late publication did not vest 31 January 1989
jurisdiction in the trial court. In petitioners brief filed before respondent CA, we note that the issue of late
publication of the Notice of Initial Hearing in the Official Gazette was raised
squarely. But for no apparent reason, the issue was ignored in the questioned
decision. Indeed, respondent court could have easily resolved the issue in favor of Section 23 of P.D. 1529 does not provide a period within which the notice should
petitioner supported as it was not only by competent evidence but also by ample be published in the Official Gazette but for reasons already obvious, the
jurisprudence publication should precede the date of initial hearing. While there is no
dispute that the notice was included in Vol. 84, No. 42, 17 October 1988 issue of
The primary legal principle against which the legality of all the proceedings the Official Gazette, this particular issue was released for publication only on
conducted by the trial court should be tested is jurisdiction. In order to ascertain 31 January 1989 when the initial hearing was already a fait accompli. The
whether a court has jurisdiction, the provision of the law in point should be point of reference in establishing lack of jurisdiction of the trial court was 31
inquired into. Section 23 of P.D. 1529 explicitly provides that beforethe court January 1989 because it was only on that date when the notice was made known
can act on the application for land registration, the public shall be given to the people in general. Verily, the late publication of the notice defeated the
notice of the initial hearing thereof by means of publication, mailing, and purpose for its existence thereby reducing it to a mere pro formanotice.
posting. In Director of Lands v. Court of Appeals, citing Caltex v. CIR, 8, this Court NOTES: In Register of Deeds of Malabon v. RTC, Malabon, an issue similar to the
ruled that in all cases where the authority of the courts to proceed is conferred by one presented in the present petition was posed, that is, whether
a statute and when the manner of obtaining jurisdiction is mandatory it must be theactual publication of the notice of the petition in the Official Gazette forty-
strictly complied with, or the proceedings will be utterly void. So that where seven (47) days after the hearing, instead of at least thirty (30) days prior to the
there is a defect of publication of petition, such defect deprives the court of date of hearing, was sufficient to vest jurisdiction in the court to hear and
jurisdiction. And when the court lacks jurisdiction to take cognizance of a case, determine the petition. We answered in the negative since the purpose of the
the same lacks authority over the whole case and all its aspects. publication of the notice of the petition for reconstitution in the Official Gazette is
Regarding applications for land registration, the purpose of publication of the to apprise the whole world that such a petition has been filed and that whoever is
notice of initial hearing is the same: to require all persons concerned who may minded to oppose it for good cause may do so within thirty (30) days before the
have any rights or interests in the property applied for to appear in court at a date set by the court for hearing the petition. It is the publication of such notice
certain date and time to show cause why the application should not be granted. that brings in the whole world as a party in the case.
Traders Royal Bank
TRB then filed a petition for mandamus to compel the Central
Bank to register said CBCI in TRBs name. TRB averred that
PUFC is the alter ego of FGAC; that PUFC owns 90% of FGAC;
vs Court of Appeals that the two corporations have identical sets of directors; that
payment of said CBCI to PUFC is like a payment to FGAC hence
the sale between PUFC and TRB is valid. In short, TRB avers
November 30, 2012
that that the veil of corporate fiction, between PUFC and FGAC,
should be pierced because the two corporations allegedly used
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269 SCRA 15 Business Organization Corporation Law their separate identity to defraud TRD into buying said CBCI.
Piercing the Veil of Corporate Fiction ISSUE: Whether or not Traders Royal Bank is correct.
Filriters Guaranty Assurance Corporation (FGAC) is the owner of HELD: No. Traders Royal Bank failed to show that the corporate
several Central Bank Certificates of Indebtedness (CBCI). These fiction is used by the two corporations to defeat public
certificates are actually proof that FGAC has the required convenience, justify wrong, protect fraud or defend crime or
reserve investment with the Central Bank to operate as an where a corporation is a mere alter ego or business conduit of a
insurer and to protect third persons from whatever liabilities person. TRB merely showed that PUFC owns 90% of FGAC and
FGAC may incur. In 1979, FGAC agreed to assign said CBCI to that their directors are the same. The identity of PUFC cant be
Philippine Underwriters Finance Corporation (PUFC). Later, maintained as that of FGAC because of this mere fact; there is
PUFC sold said CBCI to Traders Royal Bank (TRB). Said sale nothing else which could lead the court under the circumstance
with TRB comes with a right to repurchase on a date certain. to disregard their corporate personalities. Further, TRB cant
However, when the day to repurchase arrived, PUFC failed to argue that it was defrauded into buying those certificates. In the
repurchase said CBCI hence TRB requested the Central Bank to first place, TRB as a banking institution is not ignorant about
have said CBCI be registered in TRBs name. Central Bank these types of transactions. It should know for a fact that a
refused as it alleged that the CBCI are not negotiable; that as certificate of indebtedness is not negotiable because the payee
such, the transfer from FGAC to PUFC is not valid; that since it therein is inscribed specifically and that the Central Bank is
was invalid, PUFC acquired no valid title over the CBCI; that the obliged to pay the named payee only and no one else.
subsequent transfer from PUFC to TRB is likewise invalid.
HEIRS OF CLEMENTE 1. Whether or not the alleged tax declarations and tax receipts
are sufficient to defeat the title over the property in the names of
VICENTE ERMAC 2. Whether or not laches ha[s] set in on the claims by the
respondents on portions of Lot No. 666[.]
Facts: At Lot No. 666 was originally owned by Claudio Ermac and, First Issue:
Second Issue:
LUCERO V. LOOT
Prescription and Laches
ISSUE: Whether or not the order the delivery of possession of the land.
RULING: Yes.
TUMALAD vs. VICENCIO, G.R. No. L-
The order granting the writ of possession was based on a decision 30173, September 30, 1971
promulgated on a land registration case in 1938, which became a final TUMALAD V. VICENCIO
decree on October 29, 1941. 41 SCRA 143
After the final decree, the issuance of the writ of possession was only a
FACTS:
ministerial duty of the court if no writ has been issued to the registered
owner yet. The final decree, in effect, immediately empowered the Vicencio and Simeon executed a chattel mortgage in favor of plaintiffs
court to enforce the order/judgment/decree. This automatic process is Tumalad over their house, which was being rented by Madrigal and
to avoid further delay and inconvenience to a successful land company. This was executed to guarantee a loan, payable in one year with
a 12% per annum interest.
registration litigant if he were compelled to commence another action to
secure possession. The mortgage was extrajudicially foreclosed upon failure to pay the loan.
The house was sold at a public auction and the plaintiffs were the highest GR. No. 135385, Dec. 6, 2000
bidder. A corresponding certificate of sale was issued. Thereafter, the
plaintiffs filed an action for ejectment against the defendants, praying that
the latter vacate the house as they were the proper owners.
FACTS:
ISSUE:
Petitioners Isagani Cruz and Cesar Europa filed a suit for
W/N the chattel mortgage was null and void ab initio because only prohibition and mandamus as citizens and taxpayers, assailing
personal properties can be subject of a chattel mortgage. the constitutionality of certain provisions of Republic Act No.
8371, otherwise known as the Indigenous Peoples Rights Act of
HELD: 1997 (IPRA) and its implementing rules and regulations (IRR).
The petitioners assail certain provisions of the IPRA and its IRR
Certain deviations have been allowed from the general doctrine that on the ground that these amount to an unlawful deprivation of
buildings are immovable property such as when through stipulation,
the States ownership over lands of the public domain as well as
parties may agree to treat as personal property those by their nature would
be real property. This is partly based on the principle of estoppel wherein
minerals and other natural resources therein, in violation of the
the principle is predicated on statements by the owner declaring his house regalian doctrine embodied in section 2, Article XII of the
as chattel, a conduct that may conceivably stop him from subsequently Constitution.
claiming otherwise.
No room for construction for the laws on functions of Petitioner Cheng expressed interest over the property and paid 50K check
ROD with the assurance that the contract between Genato and the spouses Da
Jose will be annulled. Da Jose spouses protested with the annulment and
The elementary rule in statutory construction is that when persuaded Genato to continue the contract. Genato returned the check to
the words and phrases of the statute are clear and Cheng and hence, this petition.
unequivocal, their meaning must be determined from the
language employed and the statute must be taken to mean
HELD:
exactly what it says. The statute concerning the function of
the Register of Deeds to register instruments in a torrens The contract between Genato and spouses Da Jose was a contract to sell
certificate of title is clear and leaves no room for which is subject to a suspensive condition. Thus, there will be no contract
construction. to speak of, if the obligor failed to perform the suspensive condition which
enforces a juridical relation. Obviously, the foregoing jurisprudence cannot
be made to apply to the situation in the instant case because no default
can be ascribed to the Da Jose spouses since the 30-day extension period Egao v CA, 174 SCRA 484 G.R. No.
has not yet expired.
79787, 29 June 1989
Notice to the Whole World
Even assuming that the spouses defaulted, the contract also cannot be
validly rescinded because no notice was given to them. Thus, Cheng's
contention that the Contract to Sell between Genato and the Da Jose
spouses was rescinded or resolved due to Genato's unilateral rescission Facts:
finds no support in this case.
The respondents filed a motion for quieting the title and recovery of
possession and ownership against the petitioners. Apparently, they
The contract between Genato and Cheng is a contract to sell not a claim they are the owners of the parcel of land by virtue of the deed of
contract of sale. But But even assuming that it should be treated as a sale they entered into with Roberto Marfori to whom the petitioners
conditional contract of sale, it did not acquire any obligatory force since it allegedly sold their land to. The Egaos acquired their land title by virtue
was subject to a suspensive condition that the earlier contract to sell of a free patent and transferred their ownership in favor of Marfori by
between Genato and the Da Jose spouses should first be cancelled or virtue of a deed of sale. However, the Certificate of Title was not
rescinded. transferred in Marforis favor. Upon purchase of the land from Marfori,
the respondents introduced improvements thereon and paid taxes for
the property. However, the petitioners illegally occupied portions of the
Art.1544 should apply because for not only was the contract between land. Petitioner answers that they are the true owner of the land by
herein respondents first in time; it was also registered long before virtue of the Certificate of Title issued by the Register of Deeds
petitioner's intrusion as a second buyer (PRIMUS TEMPORE, PORTIOR pursuant to their Free Patent. The lower court ruled in favor of Egao.
JURE). (Spouses made annotation on the title of Genato). Since Cheng Upon appeal, the CA reversed the decision of the lower court on
was fully aware, or could have been if he had chosen to inquire, of the grounds that the main issue should be whether Egao can validly sell
rights of the Da Jose spouses under the Contract to Sell duly annotated on the land to Marfori who subsequently transferred the ownership to the
the transfer certificates of titles of Genato, it now becomes unnecessary to respondents. The CA holds both Egao and Marfori to be in pari delicto
further elaborate in detail the fact that he is indeed in bad faith in entering for violating the 5-year restriction provided by Commonwealth 141
into such agreement. against encumbrance and alienation of public lands acquired thru free
patent or homestead patent. They cannot therefore obtain affirmative
relief. It also declares the respondents as innocent purchasers for
value who the obtained the duplicate of the OCT still in the name of the neglects to make the necessary inquiries and closes his eyes to facts
Egaos from Marfori and ownership was transferred to them by physical which should put a reasonable man on his guard as to the possibility of
possession of the property. It thus promulgated judgment holding the the existence of a defect in his vendor's title, and relying on the belief
respondents the absolute owners of the land in dispute, to cancel the that there was no defect in the title of the vendor, purchases the
OCT of the petitioner and its transfer thereof to the respondents and to property without making any further investigation, he cannot claim that
surrender peaceful possession of the land to the respondents. he is a purchaser in good faith for value. A private individual cannot
bring an action for reversion or any action which would have an effect
of canceling a free patent and the certificate of title issued on the basis
thereof since the land covered will form part again of the public
domain. Sec. 124 of the Public Land Act provides that deeds of sale of
Issue: patented lands, perfected within the prohibited five (5) year period are
null and void thus the Egaos have no title to pass to Marfori and
nobody can dispose that which does not belong to him. The
Whether or not the petitioners validly transferred their ownership to respondents are not innocent purchasers for value with no standing to
Marfori to resolve the rights of the respondents over the land in question the rights of the petitioners over the land and to file an action
dispute? to quiet the title. The petitioners remained to be the registered owners
and entitled to remain in physical possession of the disputed property.
Respondents are ordered to deliver the OCT to the petitioners without
Ruling: prejudice to an action for reversion of the land to be instituted by the
Solicitor General for the State.
The SC holds that based on the adduced evidence, the Egaos sold the
lot to Marfori within the 5-year restriction period provided by law on
Free Patent based on the Deed of Sale entered into by the parties. Garcia vs. CA
Although the petitioners denied the validity of the Deed of Sale the
court held that it was notarized and a notarial document has in its favor
Garcia vs. Court of Appeals
the presumption of regularity. When the land was sold to the
G.R. No. 133140, August 10, 1999
respondents, they know that the OCT is still registered under the name
of the petitioners. Thus, they are not considered to be innocent
purchaser as contrary to the ruling of the CA. Where a purchaser Puno, J.
Doctrine: Possession and ownership are distinct legal Deed of Real Estate Mortgage was registered at the Makati
concepts. Ownership exists when a thing pertaining to one Register of Deeds and annotated on the Magpayos title. The
person is completely subjected to his will in a manner not redemption period of the foreclosed mortgage expired without
prohibited by law and consistent with the rights of others. the Magpayos redeeming the same, hence, title over the land
Ownership confers certain rights to the owner, one of which is was consolidated in favor of PBCom which cancelled the
the right to dispose of the thing by way of sale. Magpayos title and Transfer Certificate of Title No. 138233
Literally, to possess means to actually and physically occupy a was issued in its name. The Magpayos failed to pay their loan
thing with or without right. Possession may be had in one of upon its maturity, hence, the mortgage was extrajudicially
two ways: possession in the concept of an owner and foreclosed and at the public auction sale, PBCom which was
possession of a holder. A possessor in the concept of an owner the highest bidder bought the land. On October 4, 1985, the
may be the owner himself or one who claims to be so. On the Magpayos filed at the RTC of Makati a complaint seeking the
other hand, one who possesses as a mere holder nullification of the extrajudicial foreclosure of mortgage,
acknowledges in another a superior right which he believes to public auction sale, and PBComs title docketed as Civil Case
be ownership, whether his belief be right or wrong. No. 11891. This complaint was dismissed for failure to
prosecute. On October 15, 1985, PBCom filed at the Regional
Facts: Atty. Pedro V. Garcia, in whose name TCT No. S-31269 Trial Court (RTC) of Makati a petition for the issuance of a writ
covering a parcel of land identified as Lot 17 situated at Bel of possession over the land which was granted. Upon service
Air II Village, Makati, was registered, sold with the consent of of the writ of possession, Mrs. Magpayos brother, Jose Ma. T.
his wife Remedios T. Garcia, the same to their daughter Ma. Garcia (Garcia), who was in possession of the land, refused to
Luisa Magpayo and her husband Luisito Magpayo (the honor it and filed a motion for Intervention in the above-said
Magpayos). On March 5, 1981, the Magpayos mortgaged the PBCom petition, which motion was denied.
land to the Philippine Bank of Communications (PBCom) to
secure a loan. On March 9, 1981, Atty. Garcias Title was Garcia thereupon filed against PBCom, the Magpayos, and the
cancelled and in its stead Transfer Certificate of Title No. S- RTC Sheriff the instant suit for recovery of realty and damages
108412/545 was issued in the name of the Magpayos. The wherein he alleged, inter alia, that he inherited the land as
one of the heirs of his mother Remedios T. Garcia, and that When the land is registered in the vendors name, and the
PBCom acquired no right thereover. In its summary judgment, public instrument of sale is also registered, the sale may be
the lower court held that the mortgage executed by the considered consummated and the buyer may exercise the
Magpayo spouses in favor of PBCom was void. The Magpayo actions of an owner. That the Magpayos title, TCT No. S-
spouses could not have acquired the said property merely by 108412, was issued four (4) days following the execution of
the execution of the Deed of Sale because the property was in the deed of real estate mortgage is of no moment, for
the possession of the plaintiff. The vendor, Pedro V. Garcia, registration under the Torrens system does not vest ownership
was not in possession and hence could not deliver the but is intended merely to confirm and register the title which
property merely by the execution of the document. one may already have on the land.
On appeal, CA held that Garcias assertion that ownership Issue: Whether Garcias possession is in a concept of an
over the disputed property was not transmitted to his sister owner.
and her husband-Magpayo spouses at the time of the
execution of the Deed of Sale as he was still in actual and Held: No. Garcias possession which started only in 1986
adverse possession thereof does not lie. Since the execution could not ripen into ownership. He has no valid title thereto.
of the deed of sale by Atty. Pedro V. Garcia in favor of the His possession in fact was that of an intruder, one done in bad
Magpayos took place earlier or on August 1, 1980, then faith (to defeat PBComs Writ of Possession). His possession is
contrary to his claim, Garcia was not in possession of the certainly not in the concept of an owner. This is so because as
property at the time of the execution of said public early as 1981, title thereto was registered in the name of the
instrument. Furthermore, it appearing that the vendor Atty. Magpayo Spouses which title was subsequently cancelled
Garcia had control of the property which was registered in his when the property was purchased by PBCom in a public
name and that the deed of sale was likewise registered, then auction sale resulting in the issuance of title in favor of the
the sale was consummated and the Magpayos were free to latter in 1985.
the Magpayo spouses. On the other hand, possession is mortgage to PBCom by the Magpayo spouses is valid
defined as the holding of a thing or the enjoyment of a right. notwithstanding that the transfer certificate of title over the
Literally, to possess means to actually and physically occupy a property was issued to them after the mortgage contract was
thing with or without right. Possession may be had in one of entered into. Registration does not confer ownership, it is
two ways: possession in the concept of an owner and merely evidence of such ownership over a particular property.
possession of a holder. A possessor in the concept of an owner The deed of sale operates as a formal or symbolic delivery of
may be the owner himself or one who claims to be so. On the the property sold and authorizes the buyer to use the
other hand, one who possesses as a mere holder document as proof of ownership. All said, the Magpayo
acknowledges in another a superior right which he believes to spouses were already the owners when they mortgaged the
Facts:
FACTS:
On April 30, 1984, the appellant dragged the deceased towards the Private respondents, Mr. and Mrs. Isabelo R. Racho, together with
spouses Mr. and Mrs Flaviano Lagasca, executed a deed of mortgage,
street and stabbed her in the chest with a fan knife. Although the wound dated November 13, 1957, in favor of petitioner GSIS and subsequently,
was just a slight one, it not having penetrated the thoracic cavity, Fausta another deed of mortgage, dated April 14, 1958, in connection with two
loans granted by the latter in the sums of P 11,500.00 and P 3,000.00,
Tavera after running a bit, died.
respectively. A parcel of land covered by Transfer Certificate of Title No.
38989 of the Register of Deed of Quezon City, co-owned by said
mortgagor spouses, was given as security under the two deeds. They also
executed a 'promissory note".
ISSUE:
On July 11, 1961, the Lagasca spouses executed an instrument
WON the accused is guilty of homicide although the wound is just
denominated "Assumption of Mortgage," obligating themselves to assume
superficial. the said obligation to the GSIS and to secure the release of the mortgage
covering that portion of the land belonging to spouses Racho and which
was mortgaged to the GSIS. This undertaking was not fulfilled. Upon
HELD: failure of the mortgagors to comply with the conditions of the mortgage,
particularly the payment of the amortizations due, GSIS extrajudicially
Yes. A person is responsible for the consequences of his criminal act foreclosed the mortgage and caused the mortgaged property to be sold at
even if the deceased had been shown to be suffering from a diseased public auction on December 3, 1962.
heart, appellants assault being the proximate cause of the death, he
For more than two years, the spouses Racho filed a complaint against the
would be responsible. When a person stabs another with a lethal spouses Lagasca praying that the extrajudicial foreclosure "made on, their
weapon, the accused is presumed to have intended the natural property and all other documents executed in relation thereto in favor of
the Government Service Insurance System" be declared null and void.
consequences of the wrongful act.
The trial court rendered judgment on February 25, 1968 dismissing the
complaint for failure to establish a cause of action. However, said decision
was reversed by the respondent Court of Appeals, stating that, although
formally they are co-mortgagors, the GSIS required their consent to the
mortgage of the entire parcel of land which was covered with only one spouses.
certificate of title, with full knowledge that the loans secured were solely for
the benefit of the appellant Lagasca spouses who alone applied for the Contrary to the holding of the respondent court, it cannot be said that
loan. private respondents are without liability under the aforesaid mortgage
contracts. The factual context of this case is precisely what is
Issues: contemplated in the last paragraph of Article 2085 of the Civil Code to the
effect that third persons who are not parties to the principal obligation may
Whether the respondent court erred in annulling the mortgage as it secure the latter by pledging or mortgaging their own property. So long as
affected the share of private respondents in the reconveyance of their valid consent was given, the fact that the loans were solely for the benefit
property? of the Lagasca spouses would not invalidate the mortgage with respect to
private respondents' share in the property.
Whether private respondents benefited from the loan, the mortgage and
the extrajudicial foreclosure proceedings are valid? The respondent court, erred in annulling the mortgage insofar as it
affected the share of private respondents or in directing reconveyance of
Held: their property or the payment of the value.
It was alleged in the said case that Juan Y. Salao, Sr and Ambrosia
Salao had engaged in the fishpond business. Where they
12
Jul
obtained the capital and that Valentin Salao and Alejandra Salao
Facts: were included in that joint venture, that the funds used were the
earnings of the properties supposedly inherited from Manuel
The spouses Manuel Salao and Valentina Ignacio of Barrio
Salao, and that those earnings were used in the acquisition of the
Dampalit, Malabon, Rizal begot four children named Patricio,
Calunuran fishpond. There is no documentary evidence to
Alejandra, Juan (Banli) and Ambrosia. Manuel Salao died in 1885.
support that theory.
His eldest son, Patricio, died in 1886 survived by his only child.
Valentin Salao. The lawyer of Benita Salao and the Children of Victorina Salao in
a letter dated January 26, 1951 informed Juan S. Salao, Jr. that his
After Valentinas death, her estate was administered by her
clients had a one-third share in the two fishponds and that when
daughter Ambrosia.
Juani took possession thereof in 1945, in which he refused to give
The documentary evidence proves that in 1911 or prior to the Benita and Victorinas children their one-third share of the net
death of Valentina Ignacio her two children, Juan Y. Salao, Sr. and fruits which allegedly amounted to P200,000. However, there was
Ambrosia Salao, secured a Torrens title, OCT No. 185 of the no mention on the deeds as to the share of Valentin and
Registry of Deeds of Pampanga, in their names Alejandra.
The property in question is the forty-seven-hectare fishpond Juan S. Salao, Jr. in his answer dated February 6, 1951
located at Sitio Calunuran, Lubao, Pampanga, wherein Benita categorically stated that Valentin Salao did not have any interest
Salao-Marcelo daughter of Valentin Salao claimed 1/3 interest on in the two fishponds and that the sole owners thereof his father
the said fishpond. Banli and his aunt Ambrosia, as shown in the Torrens titles issued
in 1911 and 1917, and that he Juani was the donee of Ambrosias
one-half share.
Benita Salao and her nephews and niece asked for the annulment reconveyance, proof as to the fiduciary relation of the parties
of the donation to Juan S. Salao, Jr. and for the reconveyance to must be clear and convincing.
them of the Calunuran fishpond as Valentin Salaos supposed The plaintiffs utterly failed to prove by clear, satisfactory and
one-third share in the 145 hectares of fishpond registered in the convincing evidence. It cannot rest on vague and uncertain
names of Juan Y. Salao, Sr. and Ambrosia Salao. evidence or on loose, equivocal or indefinite declarations.
The real purpose of the Torrens system is, to quiet title to land. Having reached the conclusion that the plaintiffs are not entitled
Once a title is registered, the owner may rest secure, without to the reconveyance of the Calunuran fishpond, it is no longer to
the necessity of waiting in the portals of the court, or sitting in Pass upon the validity of the donation made by Ambrosia Salao to
the mirador de su casa, to avoid the possibility of losing his Juan S. Salao, Jr. of her one-half share in the two fishponds The
land. plaintiffs have no right and personality to assil that donation.
2. Reconveyance had already prescribed. Plaintiffs
action is clearly barred by prescription or laches. Even if the donation were declared void, the plaintiffs would not
Ratio: have any successional rights to Ambrosias share. The sole legal
heir of Ambrosia was her nephew, Juan, Jr., her nearest relative
Under Act No. 190, whose statute of limitation would apply if within the third degree. Valentin Salao, if living in 1945 when
there were an implied trust in this case, the longest period of Ambrosia died, would have been also her legal heir, together with
extinctive prescription was only ten year. his first cousin, Juan, Jr. (Juani). Benita Salao, the daughter of
Valentin, could not represent him in the succession to the estate
The Calunuran fishpond was registered in 1911. The written of Ambrosia since in the collateral line, representation takes
extrajudicial demand for its reconveyance was made by the place only in favor of the children of brothers or sisters whether
plaintiffs in 1951. Their action was filed in 1952 or after the lapse they be of the full or half blood is (Art 972, Civil Code). The
of more than forty years from the date of registration. The nephew excludes a grandniece like Benita Salao or great-
plaintiffs and their predecessor-in-interest, Valentin Salao, slept gandnephews like the plaintiffs Alcuriza (Pavia vs. Iturralde 5 Phil.
on their rights if they had any rights at all.Vigilanti prospiciunt 176).
jura or the law protects him who is watchful of his rights (92 C.J.S.
1011, citing Esguerra vs. Tecson, 21 Phil. 518, 521).
Undue delay in the enforcement of a right is strongly persuasive
of a lack of merit in the claim, since it is human nature for a
person to assert his rights most strongly when they are
threatened or invaded. Laches or unreasonable delay on the
ALMIROL VS. REGISTER OF property without first liquidating and
DEEDS OF AGUSAN (G.R. NO. transferring it in his name and the heirs
by means of extrajudicial settlement.
L-22486, MARCH 20, 1968) The consent of the heirs must also be
APRIL 6, 2015 | YUMMY procured.
4. Aggrieved, Almirol went to the RTC of
FACTS:
Agusan to have the ROD be compelled
to register the Deed of Sale and issue
1. Teodoro Almirol bought a parcel of
the transfer certificate of title.
land in Esperanza, Agusan from Arsenio
5. However, the RTC dismissed the
Abalo.
petition saying that the adequate
2. Almirol then went to the Register of
remedy is the one provided for under
Deeds (ROD) of Agusan to have the
Sec. 4 of RA 1151 that is to submit and
Deed of Sale registered and to secure a
certify the question to the Commissioner
transfer certificate in his name.
of Land Registration. Hence, petition.
However, the ROD refused.
ISSUE: Was the RTC correct?
3. It was based on the ground that the
said property was conjugal and it is
RULING: Yes. But the ROD should have
necessary that both spouses sign the
registered it still.
document. However, since the wife was
dead when the sale was made, the
1. Whether a document is valid or not, is
husband cannot dispose the whole
not for the ROD to determine; this
function belongs properly to a court of sisters and 40% for Manuel) said parcel of land is to be
developed as a subdivision.
competent jurisdiction.
2. However, where any party in interest Manuel then had the title of the land transferred in his name and
he subsequently mortgaged the property. He used the proceeds
does not agree with the ROD, the
from the mortgage to start building roads, curbs and gutters.
question shall be submitted to the Manuel also contracted an engineering firm for the building of
Commissioner of Land Registration (Sec. housing units. But due to adverse claims in the land, prospective
4, RA 1151). buyers were scared off and the subdivision project eventually
failed.
3. The lower courts resolution was
affirmed. The sisters then filed a civil case against Manuel for damages
equivalent to 60% of the value of the property, which according
to the sisters, is whats due them as per the contract.
The lower court ruled in favor of Manuel and the Court of
Court of Appeals argued that there is no partnership between them and Manuel
because the joint venture agreement is void.
ISSUE: Whether or not there exists a partnership.
Business Organization Partnership, Agency, Trust Sharing of
HELD: Yes. The joint venture agreement the sisters entered into
Loss in a Partnership Industrial Partner
with Manuel is a partnership agreement whereby they agreed to
In 1969, sisters Antonia Torres and Emeteria Baring entered into contribute property (their land) which was to be developed as a
a joint venture agreement with Manuel Torres. Under the subdivision. While on the other hand, though Manuel did not
agreement, the sisters agreed to execute a deed of sale in favor contribute capital, he is an industrial partner for his contribution
Manuel over a parcel of land, the sisters received no cash for general expenses and other costs. Furthermore, the income
payment from Manuel but the promise of profits (60% for the from the said project would be divided according to the stipulated
percentage (60-40). Clearly, the contract manifested the intention effects of the document would retroact to the 15th day of April 1941, the
of the parties to form a partnership. Further still, the sisters date the lot and its improvements were actually sold to Lucia C.
cannot invoke their right to the 60% value of the property and at Embrado. Embrado sold the lot described as her own paraphernal
the same time deny the same contract which entitles them to it. property tp her adopted daughter, Eda Jimenez. Eda sold the lot to
At any rate, the failure of the partnership cannot be blamed on tohers. Torregianis instituted in the Court of First Instance, now Regional
the sisters, nor can it be blamed to Manuel (the sisters on their Trial Court, of Zamboanga del Norte an action for declaration of nullity of
appeal did not show evidence as to Manuels fault in the failure contract, annulment of sales, reconveyance and damages alleging that
of the partnership). The sisters must then bear their loss (which he did not consent to the sale, which consent was necessary because
is 60%). Manuel does not bear the loss of the other 40% Lot 564 was conjugal property.
because as an industrial partner he is exempt from losses.
ISSUE: WON the property is exclusive of Embrado or conjugal property.
HELD: