Tinsay v Yusay (digest)

TINSAY V. YUSAY

FACTS:

Juan Yu Juan Yusa say y di died ed le leav avin ing g a wid widow ow Jua Juana na Ser Servan vando do and five fiv e chi childr ldren en,, Ca Candi ndido do,, Num Numeri erian ana, a, Jovito Jovito,, Jo Jovi vitta an and d Pe Petr tra a. His est stat ate e co con nsi sist ste ed of hi his s in inte tere rest st in a tr tra act of la lan nd sit itua uatted in the town to wn of Il Iloi oilo lo,, di divi vide ded d in into to tw two o lo lots ts by Ca Call lle e Al Alde degu guer er an and d wh whic ich h was wa s co comm mmun unit ity y pr prop oper erty ty of hi his s ma marr rria iage ge to Ju Juan ana a Se Serv rvan ando do.. In 1909 Jo Jovi vito to Yu Yusa say y purchased the interests of Candido and Nume Nu meri rian ana a in th the e la land nd,, th thus us ac acqu quir irin ing g a th thre reee-fi fift fths hs in inte tere rest st in th the e same. Jovito Jovi to Yu Yusa say y appea ears rs to ha have ve die ied d, le leav avin ing g a wido widow, w, Perp Perpetua etua Sian,, and fiv Sian ive e min ino or ch chil ildr dre en, Ju Juan ana a, El Ele ena, Aur ure ea, El Elit ita a and  Antonia Yusay Yusay.. In 1911 Perpetua Sian for herself and in representation of her chi ld ldren entered i nt nto an agreement in writin wri ting g wit with h Jov Jovita ita an and d Pet Petra ra Yus Yusay ay whi which ch pu purpo rporte rted d to pro provid vide e for  the th e pa part rtit itio ion n of th the e la land nd me ment ntio ione ned d an and d wh wher ereb eby y Pe Perp rpet etua ua Si Sian an and he herr ch chil ild dre ren n we were re to occ ccu upy the port rtio ion n to the northeast of  Call Ca lle e Al Alde degu guer er an and d Jo Jovi vita ta an and d Pe Petr tra a we were re to ha have ve th the e po port rtio ion n or  lot to the southwest of this street.

No. 241 41,, wit ith h a na narr rro ow st stri rip p se sett asi sid de fo forr th the e wid ide enin ing g of Call lle e  Aldeguer and described as lot No. 713. The portion which under  the th e par arttit itio ion n of 1911 fe fell ll to the sh sha are of Jo Jov vit ita a an and d Pe Petr tra a Yu Yusa say y was wa s gi give ven n th the e lo lott nu numb mber er 28 283; 3; a na narr rrow ow st stri rip p of th the e sa same me po port rtio ion n along Calle Aldeguer is Aldeguer  is numbered 744.  At the trial of the cadastral case lots Nos. 241 and 713 were cla cl aim ime ed by Pe Perp rpe etu tua a Si Sian an on be beh half of he herr ch chil ildr dre en and th the e lo lots ts were we re ad adju judi dica cate ted d to th the e la latt tter er wi with thou outt op oppo posi siti tion on.. Lo Lots ts No Nos. s. 28 283 3 and 744 wer ere e cl clai aim med by Jo Jovi vita ta and Pe Petr tra a and adju jud dic icat ated ed to them, also without opposition.

The do The docu cume ment nt is ve very ry im impe perf rfec ectl tly y dr draw awn n an and d is in so some me re resp spec ects ts som omew ewh hat am ambi big guou ous s in it its s te term rms s but it is is,, nev ever ertthel ele ess ss,, quit ite e cle lea ar tha hatt in it its s fi fin nal cl clau ause se Jo Jov vit ita a and Pe Petr tra a Yu Yusa say y exp xpre ress ssly ly relinquish in favor of the children of Jovito Yusay any and all rights which they, Jovita and Petra, might have in the land assigned to Perpetua Sian and her children in the partition.

Shortl Shor tly y th ther erea eaft fter er,, on Au Augu gust st 10 10,, 19 1915 15,, Ju Juan ana a Se Serv rvan ando do fi file led d a peti pe titi tion on in th the e ca cada dast stra rall ca case se as askin king g fo forr th the e re reop open enin ing g of th the e ca case se as to lots Nos. 241 and 713 on the ground that she was the owne ow nerr of a on onee-ha half lf in inte tere rest st in sa said id lo lots ts,, bu butt th that at at th the e ti tim me of th the e tria tr iall of th the e ca case se Pe Perp rpet etua ua Si Sian an ha had d fa fals lsel ely y le lead ad he herr to be belie lieve ve th that at a cl cla aim had been pre rese sent nted ed in her beh eha alf fo forr her in intter ere est in th the e land. lan d. The pe petit tition ion for reo reope penin ning g wa was s gra grante nted, d, the for forme merr jud judgm gmen entt set aside and the two lots Nos. 241 and 713 were thereupon dec ecre ree ed in fa favo vorr of Ju Jua ana Se Serv rva and ndo o an and d th the e ch chil ild dre ren n of Jo Jovi vito to Yusa Yu say y in th the e pr prop opor orti tion ons s of an un undi divi vide ded d ha half lf in inte tere rest st in fa favo vorr of  Juan Ju ana a Se Serv rvan ando do an and d th the e re rema main inin ing g on onee-ha half lf in inte tere rest st in fa favo vorr of  the th e ch child ildre ren n of Pe Perp rpet etua ua Si Sian an in eq equa uall sh shar ares es,, th the e co cour urtt ho hold ldin ing g in sub su bst sta ance th tha at Ju Jua ana Se Serv rva ando not hav avin ing g be bee en a part rty y to the part pa rtit itio ion n ma made de in 19 1911 11,, he herr in inte tere rest sts s we were re no nott af affe fect cted ed th ther ereb eby. y. The Th e ca case se wa was s ap appe peal aled ed to th this is co cour urtt an and d th the e de deci cisio sion n of th the e lo lowe wer  r  court affirmed.

Subseq Subs eque uent ntly ly a ca cada dast stra rall su surv rvey ey wa was s ma made de of a se sect ctio ion n of Il Iloi oilo lo in wh whic ich h th the e la land nd in qu ques esti tion on is si situ tuat ated ed.. In th this is su surv rvey ey th the e po port rtio ion n all llot otte ted d to Pe Perp rpe etu tua a Si Sia an and her ch chil ild dre ren n was desi sig gned as lo lott

On April 12, 1919, after the death of Juana Servando, the appell ee ee Jose P. Tinsay was appointed admini st strator of her   esta es tate te.. In Ju July ly an and d Oc Octo tobe ber, r, 19 1922 22,, Jo Jovi vita ta an and d Pe Petr tra a Yu Yusa say y so sold ld lo lott

No. 283 to one Vicente Tad-Y for the sum of P20,000. On March 22, 1924, the administrator of the estate of Juana Servando filed an amended inventory in which the P20,000 received by Jovita and Petra from the sale of lot No. 283 was included as bien colacionable. On the same day a scheme for the distribution of  the estate was submitted to the court i n which the aforesaid P20,000 were brought into collation with the result that the total value of the estate being only P28, 900, according to inventory, no further share in the estate was assigned to Jovita and Petra Yusay. The scheme of partition was opposed by Jovita and Petra and the matter set down for hearing, at which heari ng the opponents introduced in evidence, a certificate of the register of deeds of the Province of Iloilo showing that the deceased Juana Servando was the registered owner of a half interest in lots Nos. 241 and 713 and that Jovita and Petra Yusay were the exclusive registered owners of lots Nos. 283 and 744. ISSUE:

Whether or not Jovita and Petra Yusay may claim share from the property of their later mother? HELD:

YES, Juana Servando not being a party to the partition agreement, the agreement standing al one was, of course, ineffective as against her. The attempt to partition her land among her hei rs, constituting a parti ti on of a future inheritance was invalid under the second paragraph of article 1271 of the Civil Code and for the same reason the renunciation of all interest in the land which now constitutes lots Nos. 241 and 713 made by the appel lants i n favor of the children of Jovito Yusay would likewise be of no binding force as to the undivided portion which belonged to Juana Servando. But if the parties entered into the

partition agreement in good faith and treated all of the land as a present inheritance, and if the appellants on the strength of the agreement obtained their Torrens title to the land allotted to them therein, and if Perpetua Sian in reliance on the appellants' renunciation of all interest claimed by her on behalf of her   children in the cadastral case refrained from presenting any opposition to the appellants' claim to the entire fee in the land assigned to them in the partition agreement and if the appellants after the death of Juana Servando continued to enjoy the benefits of the agreement refusi ng to compensate the heirs of Jovi to Yusay for the latters' loss of their interest in lots Nos. 283 and 744 through the registration of the lots in the name of the appellants and the subsequent ali enation of the same to i nnocent third parties, said appellants are now estopped from repudiating the partition agreement of 1911 and from claiming any further interest in lots Nos. 241 and 713. There is, however, no reason why they should not be all owed to share in the distribution of the other   property left by Juana Servando. We may say further that if a case of estoppel should not be establ ished, the appellants might sti ll, under arti cle 1303 in relation with article 1073 of the Civil Code, be compelled to restore to the estate of Juana Servando one-half of the amount received by them from the sale of lots Nos. 283 and 744, unless it is shown that Juana's interest in the lot was transferred to them either by sale or by valid donation. The registration of land does not necessarily extinguish obligations of that character