Property - Ownership (cases)

June 19, 2019 | Author: Robert Manto | Category: Title (Property), Deed, Ownership, Property, Real Property
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FRATERNIT FRATERNITAS AS SCINTILLA LEGIS D.B.T. MAR-BAY CONSTRUCTIONV. RICAReDO PANES, ET AL GR No. 167232, J!" 31, 2##$ Nachura, J. F%&'() A parcel of land containing an area of 240,146 square meters situated in Novaliches, Quezon Cit !as included in "C" No# 200$1%, entered on &ul 1%, 1%'4 and issued in favor of (C )egalado* Co# +t !as later on conveed  (C )egalado to -lainti. /(" through dacion en pago for services rendered# +n &une 1%%2, defendants )icaredo )icaredo -anes, et al led a complaint for Quieting of "itle !ith Cancellation of "C" No# 200$1% arguing that the are the la!ful o!ner and claimant of the su3ect propert and have declared the propert for taation under their name since 1%5$# "he also alleged that their possession preceded the econd 7orld 7ar# )espondent espondents s asicall asicall  alleged alleged that )egala )egalado do and /(", through through deliera delierate te scheme and collusion !ith others, included the said propert in their sudivision plan and then o.ered the same for sale to the pulic# /(" argues that it is the legitimate o!ner of the su3ect propert pursuant to a dacion en pago eecuted  (C )egalado#  "he )"C ruled in favor of )espondents )espondents )ecaredo )ecaredo and held that since he occup occupied ied the su3ect su3ect prope propert rt since since 1%86 1%86 in the concept concept of an o!ner o!ner,, he had equital equitale e o!nersh o!nership ip of the same# "he )"C also ruled that the su3ect su3ect propert propert should not have een included in "C" No# 200$1% registered in the name of (C )egalado and ceded to /("# 9pon :otion for )econsideration, the )"C reversed its ruling and held that prescription does not run against registered land; hence, a title once registered cannot e defeated even  adverse, open or notorious possession# Also, the )"C ruled that the action !as alread arred  prescription1? 7hether the sale and various agreements are valid >2? 7ho o!ns the L share of Celestino !hen some of the children have sold their rights thereto to Calma as !ell#

R!*+J >1? Kes, the conveances  the deeds of asolute sale and the receipts of pament in favor of Calma involving the shares of the antos silings in their o!n right cannot e void# Art# 4%8 provides that each coEo!ner shall have the full o!nership of his part and of the fruits and enets pertaining thereto, and he ma therefore alienate, assign and mortgage it, and even sustitute another person in its en3oment, ecept !hen personal rights are involved# "hus, the coEo!ners, eing o!ners of their respective aliquots or undivided share in the su3ect propert can validl and legall dispose of their share even !ithout the consent of all the other coEheirs# Bo!ever, since Celestino had alread sold his share to Arsenio, the coEheirs should return !hatever amount the received from petitioner Calma corresponding to the L share of Celestino !hich the !ere supposed to have inherited and sold to petitioner# >2? +t is Arsenio# Calma acno!ledge the rentals due to Arsenio for ArsenioHs share in the shpond although the receipt stated that the eact numer of hectares is still to e determined# ( acno!ledging his oligation to pa rentals, he also impliedl admitted the o!nership of Arsenio over the L share of Celestino#

C%*!oBo00oeo . A+'o+*e''%De(&%!!%0 GR No. 1$31#, Fe40%0" 28, 2##$ Puno CJ. -oreign Ownership of !ands F%&'() 7ilhelm &amrich, an Austrian, arrived in the -hilippines in 1%58 after he !as assigned  his emploer, to !or at a pro3ect in :indoro# +n 1%54, he transferred to Ceu and met respondent Antonietta=pallaE/escallar, a separated mother of t!o os !ho !as !oring as a !aitress# &amrich efriended respondent and ased her to tutor him in nglish !hich the latter accepted to help her defra her epenses# "he tutorials !ere held in AntoniettaHs residence at a squattersH area in Morordo Avenue# "he t!o fell in love and decided to live together# "he ought a house and lots at AgroE:acro udivision, Caancalan, :andaue Cit# &amrich also formall adopted respondentHs t!o sons# A /eed of Asolute ale issued in their favor# Bo!ever registration !as refused on the ground that &amrich !as an alien and could not acquire alienale lands of the pulic domain# Consequentl,  &amrichHs name !as erased from the document# Bo!ever, the idll lasted onl until April 1%%1# ( then, respondent found a ne! ofriend !hile &amrich egan to live !ith another !oman# +n 1%5%, &amrich purchased an engine and some accessories for his oat from Camilo(orromeo >petitioner?, for !hich he ecame indeted to the latter for aout -1$0,000#00# "o pa for his det, he sold his rights and interests in the AgroE:acro properties to petitioner for -2$0,000, as evidenced  a /eed of Asolute ale< Assignment# =n  &ul 26, 1%%1, !hen petitioner sought to register the deed of assignment, he NOTE) E&!(*e /o0 F0%'e0+*'%( S&*+'*!!% Le*(, o +o' !e' o'e0( (e, 0e0o&e o0 4o00o5 '*( %'e0*%!.

FRATERNITAS SCINTILLA LEGIS discovered that titles to the three lots have een transferred in the name of  respondent, and that the su3ect propert has alread een mortgaged# =n August 2, 1%%1, petitioner led a complaint against respondent for recover of real propert efore the )"C of :andaue Cit# -etitioner alleged that respondent as uers do not reect the true agreement of the parties since respondent did not pa a single centavo of the purchase price and !as not in fact a uer# +n her Ans!er, respondent claimed that she solel and eclusivel used her o!n personal funds to defra and pa for the purchase price of the su3ect lots in question, /uring the trial respondent presented evidence sho!ing her alleged nancial capacit to u the disputed propert !ith mone from a supposed copra usiness# -etitioner, in turn, presented &amrich as his !itness and documentar evidence sho!ing the sustantial salaries !hich&amrich received !hile still emploed  the Austrian compan, immeringEMraz -aner A#M#  "he )"C decided in favor of (orromeo and declared him o!ner of the disputed propert  virtue of the assignment eecuted  &amrich# ince &amrich is o!ner of the propert for respondent has no nancial capacit to participate in the purchase, he has all the right to transfer the o!nership of the said propert to another# =n appeal, the CA reversed the decision of the )"C saing that &amrich never had title to the propert since it !as never issued in his name and thus, validit of the title of the susequent Iilipino purchasers are asent in the case at ar#

I((e) 7hether&amrich has interest and o!nership to the propert in dispute !hich, if  there is, !ould constitute a valid transfer of o!nership to the petitioner# R!*+)  Kes, &amrich has interest and o!nership to the propert in dispute and there is a valid transfer of o!nership to the petitioner#  "he evidence clearl sho!s, as pointed out  the trial court, !ho et!een respondent and &amrich possesses the nancial capacit to acquire the properties in dispute# At the time of the acquisition of the properties in 1%5$ to 1%56, &amrich !as gainfull emploed at immeringEMraz -anerA#M#, an Austrian compan# =n the other hand, respondent !as emploed as a !aitress from 1%54 to 1%5$ !ith a monthl salar of not more than -1,000#00# Ber allegations of income from a copra usiness !ere unsustantiated# "he supposed copra usiness !as actuall the usiness of her mother and their famil, !ith ten silings# he has no license to sell copra, and had not led an income ta return# "he /7/ Bome tud )eport !hich!as conducted !hen &amrich see to adopt the respondentHs children disclosed that the latter had nancial prolem efore she meet &amrich# "hus,  &amrich has allthe authorit to transfer all his rights, interests and participation over the su3ect properties to petitioner  virtue of the /eed of Assignment he eecuted on &ul 11, 1%%1# Iurther, the rule that coEo!nership applies to a man and a !oman living eclusivel !ith each other as husand and !ife !ithout the enet of marriage,

NOTE) E&!(*e /o0 F0%'e0+*'%( S&*+'*!!% Le*(, o +o' !e' o'e0( (e, 0e0o&e o0 4o00o5 '*( %'e0*%!.

FRATERNITAS SCINTILLA LEGIS ut are other!ise capacitated to marr each other, does not appl# +n the instant case, respondent !as still legall married to another !hen she and &amrich lived together# -resumptions of coEo!nership and equal contriution do not appl#  "he fact that itHs onl the respondentHs name that appears on the registration is not a conclusive evidence of o!nership# +t is settled that registration is not a mode of acquiring o!nership# +t is onl a means of conrming the fact of its eistence !ith notice to the !orld at large# Certicates of title are not a source of  right# "he mere possession of a title does not mae one the true o!ner of the propert# Ownership of land by aliens )espondent argued that aliens are prohiited from acquiring private land# (ut  3urisprudence provides that if land is invalidl transferred to an alien !ho susequentl ecomes a Iilipino citizen or transfers it to a Iilipino, the a! in the original transaction is considered cured and the title of the transferee is rendered valid# +n the instant case, the transfer of land from AgroE:acro /evelopment Corporation to &amrich, !ho is an Austrian, !ould have een declared invalid if  challenged, had not &amrich conveed the properties to petitioner !ho is a Iilipino citizen#

9e*0( o/ Be0+%0o U!e . S(. D&%' GR No. $2:8, J%+%0" 27, 2##$  Austria-Martinez, J. F%&'()  "his involves a parcel of agricultural land !ith an area of 4,%%2 square meters located in Fa "rinidad, (enguet descried as Fot No# 4 in a surve plan for Agustin 9lep on April 4, 1%64 and approved on &une 8, 1%64# -rior to the approval of the urve -lan, Agustin 9lep and petitioner Cristoal /ucat eecuted an agreement !here /ucat !ould cause and conduct all the necessar procedures for the registration and acquisition of title over several parcels of land occupied  9lep in the concept of an o!ner !hich includes the land in dispute# (efore /ucat !as ale to accomplish his tas, he died and his son Cecilio9lep too over to administer the properties# /ucat continued !oring to acquire titles for the lands of 9lep# "he su3ect propert !hich !as rst denominated as Fot No# 4, !as later referred to as Fot No# 22 in an amended surve plan prepared for /ucat and lie!ise approved  the (ureau of Fands on =ctoer 1%52# /ucat then applied for a free patent over the land !hich !as granted in Novemer 14, 1%54 in the names of the spouses# =n Novemer 1%%4, the heirs of (ernardo 9lep led the complaint for reconveance !ith damages against the spouses alleging that the 4,%%2 square meter parcel of land is o!ned  their grandfather Agustin 9lep and /ucat fraudulentl maneuvered and caused the improper amendment in the original surve plan to alter the description of the land from Fot# No# 4 to Fot No# 22 and ultimatel succeeded in having the said propert registered in his name and of his !ife# NOTE) E&!(*e /o0 F0%'e0+*'%( S&*+'*!!% Le*(, o +o' !e' o'e0( (e, 0e0o&e o0 4o00o5 '*( %'e0*%!.

FRATERNITAS SCINTILLA LEGIS (oth the :"C and the )"C ruled in favor of the spouses /ucat# Bo!ever upon :) !ith the )"C, the same set aside its earlier 3udgment and ordered the pouses to reconve the disputed propert to the 9leps# Bo!ever, the CA overturned this ruling and reinstated the earlier ruling of the :"C of Fa "rinidad#

I((e) 7the lot that !as et to e approved  /N)?# Bo!ever, -acico entered into an agreement !ith third persons revoing his agreement !ith -olon# -olon led a complaint !ith the (aranga Captain and the same !as amical settled !herein the agreed that -acico !ould give $,12$ square meters and the remaining portion of the 1Ehectare share of -olon to e taen from Fot 48 after segregation# -olon later entered into an agreement !ith defendant Arsenia Avila authorizing the latter to undertae the segregation of his oneEhectare land in Fot 48 and in echange, he !ould a!ard her !ith 2,000 square meters from the 1Ehectare lot# After spending time, mone and e.ort in the eecution of the surve, Avila gave the surve results to -olom !ho then eecuted a 7aiver of )ights# usquentl, the 1,%%8 square meters given to Avila !as declared for ta purposes under her name# +n 2000, nding the amicale settlement and 7aiver of )ights in order, the CN)= issued in favor of Avila a Certicate of clusion of the 1,%%8 square meters from the ancestral land claim of the heirs of -ocdo -ool over Fot 48# "his !as questioned later on  the heirs of -olon-ocdo ut the same !as dismissed and /N) then ordered that the "As >"o!nsite ales Application? of defendant Avila e given due course, meaning that the same could no! e the asis of disposition through pulic idding and the appellant ma participate in the idding if qualied# +t !as then that -acico appealed ut the same !as denied# 7ith no other remed left, -acico led this action !ith the )"C#  "he )"C dismissed the case for lac of 3urisdiction holding that the /N) has alread declared the disputed propert as pulic land, !hich the tate through the

NOTE) E&!(*e /o0 F0%'e0+*'%( S&*+'*!!% Le*(, o +o' !e' o'e0( (e, 0e0o&e o0 4o00o5 '*( %'e0*%!.

FRATERNITAS SCINTILLA LEGIS /N), has the sole po!er to dispose# "hus, the claim of petitioners to quiet title is not proper since the do not have title over the disputed propert# )aised on CA, the same ruled that petitioners, in raising the issue of quieting of title failed to allege an legal or equitale title to quiet# 9nder Art# 44', in an action to quiet title, the plainti. must have legal or equitale title to or interest in the real propert#

I((e) >1? 7hether the )"C correctl ruled that it had nor 3urisdiction over the action >2? 7hether the petitioners had title to the propert that !ould support an action for quieting of title#

R!*+) >1? Fot 48 is a pulic land and thus no longer registrale under the Fand )egistration Act# +t is no! governed !ith the applicale rules and procedure for the disposition of  alienale pulic lands !ithin the (aguio "o!nsite )eservation# Baving estalished that the disputed propert is pulic land, the trial court !as therefore correct in dismissing the complaint to quiet the title for lac of 3urisdiction# "he trial court had no 3urisdiction to determine !ho among the parties have etter right over the disputed propert !hich is still admittedl part of the pulic domain# >2? No, petitioners had no title# +n an action for quieting of title, the complainant is seeing for an ad3udication that a claim of title or interest in propert adverse to the claimant is invalid, to free him fro the danger of hostile claim, and to remove a cloud upon or quiet the title to land !here stale or unenforceale claims or demands eist# 9nder Art# 4'6 and 4'', the t!o indispensale requisities in an action to quiet title areJ >1? plainti. has legal or equitale title to or interest in the real propert su3ect of the action; and >2? there is a cloud on his title  reason of an instrument, record, deed, claim, encumrance or proceeding !hich must e sho!n to e in fact invalid or inoperative despite its prima facie appearance of validit# +n this case, the heirs of -ocdo claim that the respondents Avila are unla!full claiming the disputed propert  using the /eed of 7aiver of )ights# Bo!ever, records reveal that petitioners do not have legal or equitale title over the disputed propert !hich forms part of Fot 48 for it is a pulic land !ithin the (aguio "o!nsite )eservation and even their predecessor in interest, the heirs of  -ocdo -ool, !ere not granted a Certicate of Ancestral Fand Claim over Fot 48# Te 9e*0( o/ V*&'o0*+oS%0*!* . Pe0o L%0o(% GR No. 1$317, J%+%0" 1, 2#18 Perlas-Bernabe, J. - $uilder in good faith

F%&'() NOTE) E&!(*e /o0 F0%'e0+*'%( S&*+'*!!% Le*(, o +o' !e' o'e0( (e, 0e0o&e o0 4o00o5 '*( %'e0*%!.

FRATERNITAS SCINTILLA LEGIS =n Ieruar 1', 2000, respondent, represented  his attorneEinEfact Fourdes Faios:o3ica via a -A, led a complaint against ps# arili and the )egister of /eeds of Caloocan Cit efore the )"C, alleging that he is the o!ner of a certain parcel of land situated in Caloocan Cit and has een religiousl paing the real estate taes therefor since its acquisition on Novemer 2%, 1%'4# )espondent claimed that he is a resident of California, 9A, and that during his vacation in the -hilippines, he discovered that a ne! certicate of title to the su3ect propert !as issued  the )/ in the name of Dictorino  virtue of a falsied /eed of Asolute ale dated Ie 16, 1%'5 purportedl eecuted  him and his !ife# +n their ans!er, ps#arili maintained that the are innocent purchasers for value, having purchased the su3ect propert from )amon (# )odriguez, !ho possessed and presented a pecial -o!er of Attorne to sellC"C? numer !as not indicated thereon# /espite this irregularit, ho!ever, ps#arili failed to sho! that the conducted an investigation eond the su3ect -A and into the circumstances of its eecution as required  prevailing 3urisprudence# Bence, ps#arili cannot e considered as innocent purchasers for value# At this 3uncture, it is !ell to note that it !as, in fact, the Ieruar 16, 1%'5 deed of sale !hich P as the CA found P !as actuall the source of the issuance of   "C" No# 262215# Nonetheless, this document !as admitted to e also a forger# ince ps#ariliHs claim over the su3ect propert is ased on forged documents, no valid title had een transferred to petitioners# Deril, !hen the instrument presented is forged, even if accompanied  the o!nerHs duplicate certicate of title, the registered o!ner does not there lose his title, and neither does the assignee in the forged deed acquire an right or title to the propert#  "he Court, ho!ever, nds a need to remand the case to the court a quo in order to determine the rights and oligations of the parties !ith respect to the house ps# arili had uilt on the su3ect propert in ad faith in accordance !ith Article 44% in relation to Articles 4$0, 4$1, 4$2, and the rst paragraph of Article $46 of the Civil Code# $uilder in good faith  "o e deemed a uilder in good faith, it is essential that a person asserts title to the land on !hich he uilds, i#e# that he e a possessor in the concept of o!ner, and that he e una!are that there eists in his title or mode of acquisition an a! !hich invalidates it# Mood faith is an intangile and astract qualit !ith no technical meaning or statordention, and it encompasses, among other things, an honest elief, the asence of malice and the asence of design to defraud or to see an unconscionale advantage# +t implies honest of intention and freedom from no!ledge of circumstances !hich out to put the holder upon inquir# As for the pouses, the ne! P or at least should have no!n, from the ver eginning that the !ere dealing !ith a person !ho possil had no authorit to sell the su3ect propert considering the palpale irregularit in the su3ectHs -A acno!ledgement# Ket, reling solel on the said document and !ithout further investigation on )amosH capacit to sell, the spouses still chose to proceed !ith its purchase and even uilt a house thereon# (ased on the foregoing, it cannot e seriousl douted that the spouses !ere actuall a!are of a a! or defect in their title or mode of acquisition and have consequentl uilt the house in ad faith#

M%%!e+% T. V*!!% .F*!*e+o G%0&*%, (4('*''e 4" e*0( GR No. 1$#1#6, J%+%0" 1, 2#18 Perez, J. F%&'()

NOTE) E&!(*e /o0 F0%'e0+*'%( S&*+'*!!% Le*(, o +o' !e' o'e0( (e, 0e0o&e o0 4o00o5 '*( %'e0*%!.

FRATERNITAS SCINTILLA LEGIS -etitioner :agdalena "# Dillasi engaged the services of respondent IilEMarcia Construction, +nc# >IMC+? to construct a sevenEstore condominium located along Aurora (oulevard, Cuao, Quezon Cit# Ior failure of Dillasi to full pa the contract price, IMC+ led a suit for collection of sum of mone efore the )"C praing for the pament 2#5:# =n the other hand, Dillasi averred that she delivered the total amount of '#4: to IMC+ ut the latter onl accomplished 25 of the pro3ect#  "he )"C ruled in favor of IMC+ !hich !as revered later on appeal  the CA#  "he CA ordered IMC+ to return the ecess amount of 1#2:# After the resolution ecame nal and eecutor, Dillasi then moved for eecution of the 3udgment a!ard#  "o satisf the 3udgment, the sheri. levied on a uilding found along Ralaaan Avenue, Quezon Cit# "he uilding !as declared for ta purposes in the name of  IMC+ ut the land on !hich it !as erected !as in the names of the spouses Iilimeno Marcia and rmelindaBaliliEMarcia >pouses Marcia?#  "o forestall eecution, the spouses led a third part claim and alleged that the uilding covered  the lev !as mistaenl assessed  the Cit Assessor in the name of IMC+# "he argue that since the are the o!ners of the land, the !ould also e deemed under the la! as the o!ners of the uilding standing thereon#"he )"C then held the eecution in aeance until further orders# Dillasi !ent on appeal ut the same !as dismissed  the CA#

I((e() >1? +s the 3udgment enforceale against the spouses@ >2? 7ere the spouses ale to prove o!nership of the uilding@

R!*+) >1? No, mone 3udgments are enforceale onl against the propert incontrovertil elonging to the 3udgment detor, and if the propert elonging to an third person is mistaenl levied upon to ans!er for another manHs indetedness, such person has all the right to challenge the lev through an of the remedies provided under the )oC# +ndeed, an eecution can onl e issued against a part and not against one !ho did not have his da in court# Ior as the saing goes, one manHs goods shall not e sold for another manHs dets# +n order for a third part claim or terceria to prosper, the claimant must rst estalish his right on the propert#

>2? "he pouses Marcia ho!ever !ere not ale to convincingl prove that the o!ned the uilding#  "he right of a third part claimant to le a terceria is founded on his title or right of possession# (efore the court can eercise its supervisor po!er to direct the release of the propert mistaenl levied and the restoration thereof to its rightful o!ner, the claimant must rst unmistaal estalish his o!nership or right of  possession thereon#

NOTE) E&!(*e /o0 F0%'e0+*'%( S&*+'*!!% Le*(, o +o' !e' o'e0( (e, 0e0o&e o0 4o00o5 '*( %'e0*%!.

FRATERNITAS SCINTILLA LEGIS Aside from their postulation that as title holders of the land, the la! presumes them to e the o!ners of the improvements uilt thereon, the spouses !ere unale to adduce evidence to prove their o!nership of the propert# +n contrast, Dillasi !as ale to satisfactoril estalish the o!nership of IMC+ thru the pieces of evidence she appended, particularl that the uilding !as declared for ta purposes to IMC+ and not to the pouses# 7hile ta receipts and ta declarations are not incontrovertile evidence of o!nership, the constitute credile proof of  claim of title over the propert# Although ta declarations or realt ta pament of propert are not conclusive evidence of o!nership, nevertheless, the are good indicia of possession in the concept of an o!ner for no one in his right mind !ould e paing taes for a propert that is not in his actual or at least constructive possession# Iurthermore, IMC+ is in actual possession of the uilding, !hich coupled !ith the ta declaration, strongl supports o!nership#  Accessory follows the principal% e&ception 7hile it is a hornoo doctrine that the accessor follo!s the principal, that is, the o!nership of the propert gives the right  accession to everthing !hich is produced there, or !hich is incorporated or attached thereto, either naturall or articiall, such rule is not !ithout eception# +n cases !here there is a clear and convincing evidence to prove that the principal and the accessor are not o!ned  one and the same person or entit, the presumption shall not e applied and the actual o!nership shall e upheld#  "o set the record straight, !hile petitioner ma have proven his o!nership of  the land, as there can e no other piece of evidence more !orth of credence than a "orrens title, he failed to present an evidence to sustantiate his claim of  o!nership or right to the possession of the uilding#  "he rule on accession is not an ironEclad dictum# 7hen there are factual and evidentiar evidence to prove that the uilding and the lot on !hich it stands are o!ned  di.erent persons, the shall e treated separatel# As such, the uilding or the lot can e made liale to ans!er for the oligation of its respective o!ner#

NOTE) E&!(*e /o0 F0%'e0+*'%( S&*+'*!!% Le*(, o +o' !e' o'e0( (e, 0e0o&e o0 4o00o5 '*( %'e0*%!.

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