Professional Documents
Culture Documents
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*SECOND DIVISION.
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REYES,J.:
Before this Court is a petition for review on certiorari
under Rule 45 of the Rules of Court seeking to annul and
set aside the Decision1 dated October 26, 2007 rendered by
the Court of Appeals (CA) in CAG.R. CV No. 01746. The
assailed decision partially reversed and set aside the
Decision2 dated October 20, 2005 issued by the Regional
Trial Court (RTC), Tanjay City, Negros Oriental, Branch
43 in Civil Case No. 11657.
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1 Penned by Associate Justice Amy C. LazaroJavier, with Associate
Justices Pampio A. Abarintos and Francisco P. Acosta, concurring Rollo,
pp. 1724.
2Under the sala of Judge Winston M. Villegas Id., at pp. 6877.
3Id., at p. 59.
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4 Id., at pp. 3651.
5 Covered by Original Certificate of Title (OCT) Nos. FV17761, FV
17763, FV17753, FV17775, FV29781, FV17757, FV17754, FV17776,
FV17778, FV17760, FV17758, FV17762, FV17764, FV17766, FV
17767, FV17769 and FV27756 and Tax Declaration Nos. 8511071, 85
04019, 8511013, 8506047, 8506048, 8507069, 8806109A, 9425
0021A, 94250020A, 94250056A, 94250057A, 94250286A, 9425
0285A, 8513086, 8506007, 8513148, 8509010A, 8513047, 8509
076A, 8509054A, 9300110270R, 8509044A, 8508035, 8508058,
8509134 and 8511068.
6 Covered by Transfer Certificate of Title (TCT) No. 2775.
7 Covered by TCT No. 2973.
8 Rollo, pp. 5355.
9OCT Nos. FV17761, FV17763, FV17753, FV29781, FV17754, FV
17760, FV17764, FV17767 and FV17769 and Tax Declaration Nos. 85
11071, 8511013, 8506047, 8506048, 94250285A, 8506007, 8513
148, 8509010A, 8509054A, 9300110270R, 8509044A, 8508035
and 8509134.
10OCT Nos. FV17757, FV17758, FV17762, FV17766 and FV27756
and Tax Declaration Nos. 8806109A, 94250057A, 8513086, 8513
047 and 8509076A.
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11OCT No. FV17778 and Tax Declaration No. 8511068.
12OCT Nos. FV17775 and FV17776 and Tax Declaration Nos. 8507
069, 94250056A and 8508058.
13Tax Declaration No. 8504019.
14Tax Declaration No. 94250021A.
15Tax Declaration No. 94250020A.
16Tax Declaration No. 94250286A.
17Rollo, pp. 5758.
18Id., at p. 20.
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directing that it shall be partitioned among her heirs who are the
plaintiffs and defendant in this case
(4)declaring the donation inter vivos rescinded without
prejudice to the share of Florante Baylon to the estate of
Rita Baylon and directing that parcels nos. 1 and 2
paragraph V of the complaint be included in the division of
the property as of Rita Baylon among her heirs, the parties
in this case
(5)excluding from the coownership parcels nos. 20, 21, 22, 9, 43, 4,
8, 19 and 37.
Considering that the parties failed to settle this case amicably and
could not agree on the partition, the parties are directed to nominate a
representative to act as commissioner to make the partition. He shall
immediately take [his] oath of office upon [his] appointment. The
commissioner shall make a report of all the proceedings as to the
partition within fifteen (15) days from the completion of this partition.
The parties are given ten (10) days within which to object to the report
after which the Court shall act on the commissioner report.
SO ORDERED.20 (Emphasis ours)
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19Id., at pp. 6877.
20Id., at p. 77.
300
However[,] with respect to lot [nos.] 4709 and 4706 which [Rita]
had conveyed to Florante Baylon by way of donation inter vivos,
the plaintiffs in their supplemental pleadings (sic) assailed the
same to be rescissible on the ground that it was entered into by
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21Id., at pp. 7677.
22Id., at pp. 7879.
301
No. 4709 and half of Lot No. 4706 were no longer part of
her estate as the same had already been conveyed to him
through a donation inter vivos three years earlier. Thus,
Florante maintained that Lot No. 4709 and half of Lot No.
4706 should not be included in the properties that should
be partitioned among the heirs of Rita.
On July 28, 2006, the RTC issued an Order23 which
denied the motion for reconsideration filed by Florante.
The CA Decision
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23Id., at pp. 8081.
24Id., at pp. 1724.
25Id., at p. 23.
302
If [Lot No. 4709 and half of Lot No. 4706] belonged to the Spouses
estate, then Rita Baylons donation thereof in favor of Florante
Baylon, in excess of her undivided share therein as coheir, is
void. Surely, she could not have validly disposed of something she
did not own. In such a case, an action for rescission of the
donation may, therefore, prosper.
If the lots, however, are found to have belonged exclusively to
Rita Baylon, during her lifetime, her donation thereof in favor of
Florante Baylon is valid. For then, she merely exercised her
ownership right to dispose of what legally belonged to her. Upon
her death, the lots no longer form part of her estate as their
ownership now pertains to Florante Baylon. On this score, an
action for rescission against such donation will not prosper. x x x.
Verily, before plaintiffsappellees may file an action for
rescission, they must first obtain a favorable judicial ruling that
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lot no. 4709 and half of lot no. 4706 actually belonged to the estate
of Spouses Florentino and Maximina Baylon, and not to Rita
Baylon during her lifetime. Until then, an action for rescission is
premature. For this matter, the applicability of Article 1381,
paragraph 4, of the New Civil Code must likewise await the trial
courts resolution of the issue of ownership.
Be that as it may, an action for rescission should be filed by the
parties concerned independent of the proceedings below. The first
cannot simply be lumped up with the second through a mere
supplemental pleading.26 (Citation omitted)
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26Id., at pp. 2223.
27Id., at pp. 2528.
28Id., at p. 31.
303
4709 and half of Lot No. 4706 in favor of Florante may only
be rescinded if there is already a judicial determination
that the same actually belonged to the estate of Spouses
Baylon.
Procedural Matters
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29Republic v. Hernandez, 323 Phil. 606, 624625 253 SCRA 509, 524
(1996).
30Id., at p. 625 p. 525.
31THE RULES OF COURT, Rule 2, Section 5.
305
should not affect the jurisdiction of the MTC to proceed with and
hear their application for registration of the Subject Lots.
xxxx
Considering every application for land registration filed in
strict accordance with the Property Registration Decree as a
single cause of action, then the defect in the joint application for
registration filed by the respondents with the MTC constitutes a
misjoinder of causes of action and parties. Instead of a single or
joint application for registration, respondents Jeremias and
David, more appropriately, should have filed separate
applications for registration of Lots No. 8422 and 8423,
respectively.
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32See Francisco, Remedial Law Compendium, Vol. 1, 9th Rev. Ed., p. 77.
33THE RULES OF COURT, Rule 2, Section 6.
34498 Phil. 227 459 SCRA 183 (2005).
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35Id., at pp. 237239 p. 195.
307
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36534 Phil. 246 503 SCRA 151 (2006).
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37Id., at p. 260 p. 162.
38252 Phil. 737 170 SCRA 711 (1989).
39496 Phil. 263 456 SCRA 366 (2005).
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the RTC aptly rescinded the said donation inter vivos of Lot
No. 4709 and half of Lot No. 4706 pursuant to Article
1381(4) of the Civil Code.
In his Comment,40 Florante asserts that before the
petitioners may file an action for rescission, they must first
obtain a favorable judicial ruling that Lot No. 4709 and
half of Lot No. 4706 actually belonged to the estate of
Spouses Baylon. Until then, Florante avers that an action
for rescission would be premature.
The petitioners contentions are welltaken.
The resolution of the instant dispute is fundamentally
contingent upon a determination of whether the donation
inter
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40Rollo, pp. 9699.
310
vivos of Lot No. 4709 and half of Lot No. 4706 in favor of
Florante may be rescinded pursuant to Article 1381(4) of
the Civil Code on the ground that the same was made
during the pendency of the action for partition with the
RTC.
Rescission is a remedy to address
the damage or injury caused to
the contracting parties or third
persons.
Rescission is a remedy granted by law to the contracting
parties and even to third persons, to secure the reparation
of damages caused to them by a contract, even if it should
be valid, by means of the restoration of things to their
condition at the moment prior to the celebration of said
contract.41 It is a remedy to make ineffective a contract,
validly entered into and therefore obligatory under normal
conditions, by reason of external causes resulting in a
pecuniary prejudice to one of the contracting parties or
their creditors.42
Contracts which are rescissible are valid contracts
having all the essential requisites of a contract, but by
reason of injury or damage caused to either of the parties
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41Tolentino, COMMENTARIES AND JURISPRUDENCE ON THE CIVIL CODE OF THE
PHILIPPINES, Vol. IV, 1991 ed., p. 570.
42Caguioa, COMMENTARIES AND JURISPRUDENCE ON THE CIVIL LAW, Vol. IV,
1968 ed., pp. 443444.
43See CIVIL CODE OF THE PHILIPPINES, Articles 1381(1) and (2) and 1098.
311
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44See CIVIL CODE OF THE PHILIPPINES, Articles 1381(3) and (4) and 1382.
45 See CIVIL CODE OF THE PHILIPPINES, Articles 1189, 1191, 1526, 1534,
1538, 1539, 1542, 1556, 1560, 1567 and 1659.
46Supra note 42, at p. 446 Reyes and Puno, AN OUTLINE OF PHILIPPINE
CIVIL LAW, Vol. IV, 1957 ed., pp. 233235.
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SO ORDERED.
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** Additional member per Special Order No. 1274 dated July 30, 2012
vice Associate Justice Maria Lourdes P.A. Sereno.
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