569 Phil. 582
AZCUNA, J.:
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a.) | A parcel of residential land situated in Linoc, Binmaley, Pangasinan, containing an area of 1,020 sq. meters, bounded on the North by Leoncio Dalmacio; On the East by Dimas Perez; On the South by Callejon; And on the West by Magno Dalmacio; declared under Tax Declaration No. 121 in the name of Francisco Abalos and assessed at P255.50; [n]ot registered under Act 496 [or] under the Spanish [M]ortgaged Law[;] |
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b.) | A parcel of unirrigated riceland situated in Linoc, Binmaley, Pangasinan, containing an area of 841 sq. meters, bounded on the North by Callejon; On the South by Roberto Aquino; On the East by Eulalio Javier; And on the West by Hipolito Perez. It is originally covered by Tax Declaration in the name of Francisco Abalos now covered by Tax Declaration No. 14457 in the name of Faustino Abalos and assessed at P20.00[;] [n]ot registered under Act 496 [or] under the Spanish [M]ortgaged Law; |
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c.) | A parcel of unirrigated riceland situated in Linoc, Binmaley, Pangasinan, containing an area of 1,196 sq. meters, bounded on the North by Callejon; On the East by Estanislao Ferrer; On the South by Saturnino Aquino; And on the West by Hipolito Perez[.] It is originally declared in the name of Francisco Abalos and now covered by Tax Declaration No. 14458 in the name of Faustino Abalos and assessed at P30.00; |
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d.) | A parcel of fishpond situated in Linoc, Binmaley, Pangasinan, containing an area of 1,158 sq. meters, bounded on the North by Doyao River; On the East by Hipolito Perez; On the South by Leoncio Dalmacio; And on the West by Teodoro Abalos. It is originally declared in the [name] of Francisco Abalos and now covered by Tax Declaration No. 21592 in the name of Faustino Abalos and assessed at P370.00; |
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e.) | A parcel of fishpond situated in Linoc, Binmaley, Pangasinan, containing an area of 1,158 sq. meters, bounded on the North by Leoncio Dalmacio; On the East by Teodoro Abalos; On the South by Leoncio Dalmacio; And on the West by Evaristo Dalmacio. It is originally declared in the name of Francisco Abalos and now covered by Tax Declaration No. 21591 in the name of Faustino Abalos and assessed at P370.00; |
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f.) | A parcel of unirrigated riceland situated in Linoc, Binmaley, Pangasinan, containing an area of 950 sq. meters[,] bounded on the North by Liberato Gonzalo; On the East by Severina Catalan; On the South by Severina Catalan; And on the West by Barrio Road of Linoc[;] [d]eclared under Tax Declaration No. 124 in the [name] of Francisco Abalos and [a]ssessed at P20.00; |
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g.) | A parcel of fishpond situated in Canaoalan, Binmaley, Pangasinan, containing an area of 2,480 sq. meters, bounded on the North by Francisco Deogracias; On the East by a Path; On the South by Ponciano Cayabyab; And on the West by Ponciano Cayabyab[;] [d]eclared under Tax Declaration No. 122 in the name of Francisco Abalos and assessed at P70.00; |
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h.) | A parcel of fishpond situated in Canaoalan, Binmaley, Pangasinan, containing an area of 1,585 sq. meters, bounded on the North by Adriano Gonzalo; On the East by Florencio Perez; On the South by Pioquinto Ferrer; And on the West by Pator Terrado[;] [d]eclared under Tax Declaration No. 123 in the name of Francisco Abalos and assessed at P60.00; |
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i.) | A parcel of little fishpond adjoining and North of the land described in paragraph 4 sub-paragraph (a) of this complaint whose Tax Declaration could not be produced by the plaintiff;[7] |
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WHEREFORE, judgment is hereby rendered ordering:Despite the filing of a notice of appeal beyond the reglementary period, the trial court still gave due course to the appeal of Faustino and Danilo; thus, Panfilo filed a petition for certiorari before this Court, which subsequently referred the case to the Intermediate Appellate Court (IAC, now the Court of Appeals).[11] The IAC granted the petition and denied the motion for reconsideration.[12] On October 30, 1985, this Court affirmed the Decision.[13] Upon the issuance of an entry of judgment on November 4, 1985, the IAC ordered the remand of the case to the RTC.[14] Thereafter, on December 11, 1985, the trial court issued a writ of execution in favor of Panfilo.[15]SO ORDERED.[10]
- the partition of the intestate estate of the deceased Francisco Abalos in the following manner
- to the plaintiff, Panfilo Abalos, is the fishpond, Parcel D referred to as “Duyao”; and ½ of fishpond, Parcel H referred to as “Pinirat” plus his advance inheritance, Parcel F referred to as “Manga”;
- to defendant, Faustino Abalos, is the residential land where his house stands and parcels A to I, plus his advance inheritance, Parcels [B] and C;
- to defendant, Danilo Abalos, is that fishpond, parcel E referred to as “Emong,” and the ½ portion of the fishpond, Parcel H referred to as “Pinirat” and his advance inheritance of his father Pedro Abalos, Parcel G.
- the defendant Faustino Abalos to reimburse to plaintiff the total amount of P19,580.00, Philippine Currency, as plaintiff’s lawful share from 1944;
- the annulment of all documents and/or instruments which transferred said properties and are considered inconsistent with the above partition;
- the dismissal of defendants’ counterclaim;
- the defendants to pay the costs of the suit.
Respondents claimed that on two separate occasions in December 1985 Panfilo sought to execute the decision by attempting to take possession of the lands in question through the use of force, threat, violence and intimidation. In addition, to satisfy the damages awarded to Panfilo, the deputy sheriff also levied upon parcels (b) and (c) above-described for the purpose of selling the same at public auction, in regard to which they also filed their respective notice of third-party claim. Respondents argued that to compel them to abide by the writ of execution and notice of levy issued by the court in Civil Case No. 15465 would amount to deprivation of property without due process of law because the decision rendered in said case is not binding upon them as they were not made parties thereto and they became owners thereof prior to the institution of the case.xxx xxx xxx
III
Plaintiffs are the absolute owners and in actual possession of the following parcels of land more particularly described, to wit:
(a.) A parcel of land (fishpond) with an approximate area of 289.5 square meters, more or less, located at Linoc, Binmaley, Pangasinan. Bounded on the North by the Duyao River; on the East by Faustino Abalos before, now Romulo Abalos; on the South by Leoncio Dalmacio; and on the West by Romulo Abalos. Declared in the name of Aurora A. Bucal under Tax [Dec.] No. 1568 of the current land records of Binmaley, Pangasinan; assessed value – P150.00;
(b.) A parcel of riceland located at Linoc, Binmaley, Pangasinan, containing an area of 1,196 square meters, more or less. Bounded on the North by Callejon; on the East by Estanislao Ferrer; on the South by Saturnino Aquino; and on the West by Hipolito Ferrer. Declared in the names of Artemio F. Abalos and Mauro F. Abalos under Tax [Dec.] No. 1007 of the land records of Binmaley, Pangasinan; assessed value – P260.00;
(c.) A parcel of residential land located at Linoc, Binmaley, Pangasinan, with an area of 1,029 square meters, more or less. Bounded on the North by Leoncio Dalmacio; on the East by Dimas Perez; on the South by Callejon; and on the West by Magno Dalmacio. Declared in the name of Romulo F. Abalos under Tax [Dec.] No. 35 of the current land records of Binmaley, Pangasinan; assessed value – P6,120.00;
(d.) A portion of fishpond located at Linoc, Binmaley, Pangasinan, with an area of 289.5 square meters, more or less. Bounded on the North by the Duyao River; on the East by Faustino Abalos; on the South by Leoncio Dalmacio; and on the West by Teodoro Abalos. Declared in the name of Romulo F. Abalos under Tax [Dec.] No. 33 of the current land records of Binmaley, Pangasinan; assessed value – P180.00;
(e.) A portion (eastern) of fishpond located at Linoc, Binmaley, Pangasinan, with an area of 579 square meters, more or less. Bounded on the North by Leoncio Dalmacio; on the East by Teodoro Abalos; on the South by Leoncio Abalos; and on the West by Evaristo Dalmacio. Declared in the names of Artemio F. Abalos and Mauro F. Abalos under Tax [Dec.] No. 1009 of the land records of Binmaley, Pangasinan; assessed value – P340.00;
(f.) A parcel of fishpond located at Canaoalan, Binmaley, Pangasinan, with an area of 1,506 square meters, more or less. Bounded on the North by Adriano Gonzalo; on the East by Florencio Perez; on the South by Pioquinto Ferrer; and on the West by Pastor Terrado. Declared in the names of Romulo F. Abalos and Mauro F. Abalos under Tax [Dec.] No. 1314 of the land records of Binmaley, Pangasinan; assessed value – P970.00;IV
Parcel (a) above-described belongs in absolute ownership to spouses Aurora A. Bucal and Demetrio Bucal who are in actual possession thereof as such, having acquired the same by absolute sale from Romulo F. Abalos who in turn bought the same from Maria Abalos; that the latter in turn acquired the same by inheritance from her deceased parents, Francisco Abalos and Teodorica Ferrer, who died on May 4, 1928 and June 2, 1945, respectively. A copy of the sale from Maria Abalos to Romulo F. Abalos is hereto attached as ANNEX “A” while the sale by Romulo F. Abalos to Aurora A. Bucal is hereto attached as ANNEX “B”. A copy of Tax [Dec.] No. 1568 covering said land is hereto attached as ANNEX “C”;
V
Parcel (b) above-described belongs in absolute common ownership to the spouses Artemio F. Abalos and Ligaya U. Abalos and spouses Mauro F. Abalos and Luzviminda R. Abalos who acquired the same by absolute sale in 1978 from Faustino Abalos as shown by a deed a copy of which is hereto attached as ANNEX “D”; that the latter acquired the same by absolute sale from Bernardo Victorio in 1914, and that Faustino Abalos donated the same in consideration of his marriage with Teodora Ferrer as shown by a deed a copy of which is hereto attached as ANNEX “E”. A copy of Tax [Dec.] No. 1007 is hereto attached as ANNEX “F”;
VI
Parcel (c) above-described belongs in absolute ownership to the spouses Romulo F. Abalos and Jesusa O. Abalos and are in actual possession as such having acquired the same by absolute sale from Aurora A. Bucal as shown by a deed a copy of which is hereto attached as ANNEX “G”; that Aurora A. Bucal in turn bought the same from Maria Abalos as shown by a deed a copy of which is hereto attached as ANNEX “H”; and that Maria Abalos inherited the same land from her deceased parents;
VII
Parcel (d) above-described belongs in absolute ownership to spouses Romulo F. Abalos and Jesusa O. Abalos having acquired the same in 1978 by means of a deed of quitclaim and renunciation of rights a copy of which is hereto attached as ANNEX “I”; that Romulo F. Abalos declared the same for taxation purposes as shown by Tax [Dec.] No. 33 a copy of which is hereto attached as ANNEX “J”;
VIII
Parcel (e) above-described belongs in common absolute ownership to the spouses Artemio F. Abalos and Ligaya U. Abalos and spouses Mauro F. Abalos and Luzviminda R. Abalos having acquired the same from Maria Abalos as shown by two (2) documents copies of which are hereto attached as ANNEXES “K” and “L”; that Faustino and Maria bought the same from Genoveva Perez as shown by a deed a copy of which is hereto attached as ANNEX “M”; that Genoveva Perez in turn bought the same from Teodoro Abalos as shown by a deed a copy of which is hereto attached as ANNEX “N”; that Mauro F. Abalos and Artemio F. Abalos have declared the land in their names for taxation purposes as shown by Tax [Dec.] No. 1009 a copy of which is hereto attached as ANNEX “O”;IX
Parcel (f) above-described belongs in absolute common ownership to spouses Romulo F. Abalos and Jesusa O. Abalos and spouses Mauro F. Abalos and Luzviminda R. Abalos and are in actual possession as such having acquired the same by absolute sale in 1978 as shown by a deed a copy of which is hereto attached as ANNEX “P”; that Faustino in turn inherited the same from his deceased parents; and that the present owners have declared the same for taxation purposes as shown by Tax [Dec.] No. 1314 a copy of which is hereto attached as ANNEX “Q”;
X
The possession of the present owners as well as their predecessors-in-interest have always been in good faith, peaceful, public, exclusive, adverse, continuous and in the concept of absolute owners since their respective acquisition [up to] the present without question from anyone, much less from the defendant herein. Said owners have likewise religiously paid the taxes due on the lands [up to] the current year;[17]
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The factual issues are: (1) With respect to parcels A, D, and F, whether or not the plaintiffs claiming ownership and possession over said parcels are the lawful owners and possessors thereof by virtue of genuine and duly executed documents of sale, quitclaim and renunciation of rights; (2) Whether or not plaintiffs’ predecessors-in-interest were the lawful owners and possessors of parcels A, D and F; (3) Whether or not Faustino Abalos and his wife [Teodorica] Ferrer were awarded the properties subject of partition proceedings in Civil Case No. 15465; (4) Whether or not by virtue of the decision rendered in that partition proceedings, the fishpond referred to as Duyao which is parcel A, D and F was awarded; (5) Whether or not pursuant to the decision of the Supreme Court in appealed case No. 713355 the defendant Panfilo Abalos was placed in possession by the Deputy Sheriff Romulo Jimenez duly assisted by the members of the police force of Binmaley, sometime on or about the last part of December 1985.Likewise, in the course of the trial and in their respective memoranda,[31] the parties admitted that parcels (a) and (d) are portions of a fishpond locally known as Duyao[32] and are parts of parcel (d) stated in the Complaint of Civil Case No. 15465, which was to be held in common pro-indiviso by the heirs of Francisco Abalos.
The legal issues are: (1) Whether or not the decision in Civil Case No. 15465 entitled “Panfilo Abalos versus Faustino Abalos[”] is binding upon the plaintiffs who were not impleaded as party litigants either as plaintiffs or defendants; (2) What is the legal basis of the plaintiffs to file action to quiet title against the defendant?[30]
WHEREFORE, judgment is hereby rendered declaring:The trial court made the following factual findings: that the original owners of the two fishponds were spouses Francisco Abalos and Teodorica Ferrer, who died on May 4, 1928 and June 2, 1945, respectively; that the spouses had five (5) children, namely: (a) Maria, who died single on March 20, 1972; (b) Roman, who died single on June 10, 1944; (c) Panfilo, petitioner herein; (d) Pedro, who died on May 11, 1971 and was survived by his only child, Danilo; and (e) Faustino, whose children Aurora, Artemio, Romulo and Mauro are among the respondents herein; that Roman predeceased his mother, hence, when the latter died only four of the siblings inherited the Duyao, becoming its pro-indiviso co-owners; that on November 11, 1968, Maria sold her ¼ share to Romulo, who, in turn, sold the same to Aurora; that in view of the sale, the said portion of the Duyao should have been excluded from the Decision in Civil Case No. 15465 for the reason that said case refers to the partition of the estate only of spouses Francisco and Teodorica; that Romulo is not the owner the other ¼ portion of the Duyao for failure to establish his ownership thereon and also considering that it could have been the same ¼ portion that he sold to Aurora; and that the Decision in Civil Case No. 15465 has res judicata effect with respect to the Pinirat since the deed of sale executed by Faustino in favor of Romulo and Mauro was simulated and employed merely to defraud the other heirs.SO ORDERED.[34]
- That the plaintiffs-spouses Aurora Bucal and Demetrio Bucal are the absolute owners of one-fourth (¼) portion pro-indiviso of that fishpond which is locally known as Duyao;
- That the defendant Panfilo Abalos is the absolute owner of three-fourth (¾) portion pro-indiviso of that fishpond locally known as “Duyao”;
- That the plaintiffs have no right whatsoever over the fishpond locally known as “Pinirat” and confirming the adjudication thereof in Civil Case No. 15465; [and]
- No award of damages, and no costs.
On August 31, 2001, the CA rendered its Decision.[37] According to the appellate court, the first and second assigned errors of Panfilo are unmeritorious on the ground that the disposition of the trial court in Civil Case No. 15465 insofar as the Duyao is concerned has no factual and legal basis. It also held untenable his third and fourth assigned errors, noting that the principles of res judicata and estoppel are not applicable in this case since respondents were not made parties to Civil Case No. 15465 despite their acquisition of the contested parcels prior to the commencement of said case. Finally, Panfilo’s fifth assigned error was rejected, saying that this Court already settled the issue of res judicata in G.R. No. 77965 when petitioner questioned the propriety of the issuance of the writ of preliminary injunction.As to respondents –
- THE LOWER COURT ERRED IN ADJUDICATING ONE-FOURTH PORTION OF THE FISHPOND KNOWN AS “DUYAO” TO PLAINTIFFS DEMETRIO BUCAL AND AURORA ABALOS- BUCAL, NOTWITHSTANDING THAT SAID ENTIRE FISHPOND WAS AWARDED TO DEFENDANT PANFILO ABALOS IN CIVIL CASE NO. 15465, ENTITLED “PANFILO ABALOS VS. FAUSTINO ABALOS & DANILO ABALOS.”
- THE LOWER COURT ERRED IN ADJUDICATING ONE-FOURTH PORTION OF THE FISHPOND KNOWN AS “DUYAO” TO PLAINTIFFS DEMETRIO BUCAL AND AURORA ABALOS-BUCAL, AS ALLEGED INHERITANCE OF MARIA ABALOS FROM HER LATE PARENTS, NOTWITHSTANDING THAT MARIA ABALOS ALREADY INHERITED FROM HER LATE PARENTS THE PARCEL OF RESIDENTIAL LAND DESCRIBED AS PARCEL (C) IN PLAINTIFF’S COMPLAINT.
- THE LOWER COURT ERRED IN ADJUDICATING ONE-FOURTH PORTION OF THE FISHPOND KNOWN AS “DUYAO” TO PLAINTIFFS DEMETRIO BUCAL AND AURORA ABALOS-BUCAL, NOTWITHSTANDING THAT THE FINAL DECISION IN CIVIL CASE [15465] EXPRESSLY ANNULLED ALL DOCUMENTS AND INSTRUMENTS WHICH TRANSFERRED SAID PROPERTIES AND ARE CONSIDERED INCONSISTENT WITH THE PARTITION ORDERED IN SAID CIVIL CASE.
- THE LOWER COURT ERRED IN NOT TREATING THE PLAINTIFFS AS IN ESTOPPEL.
- THE LOWER COURT HAD NO JURISDICTION OVER THE SUBJECT MATTER OF THE PRESENT CASE.[35]
- THE TRIAL COURT ERRED IN NOT FINDING THAT THE LATE SPOUSES FRANCISCO ABALOS AND TEODORICA FERRER LEFT AN INTESTATE ESTATE CONSISTING OF FIVE PARCELS OF LAND ONLY.
- THE TRIAL COURT ERRED IN NOT FINDING THAT ONE-FOURTH PRO INDIVISO OF THE LAND KNOWN AS [“DUYAO”] WAS THE SHARE OF FAUSTINO ABALOS, WHICH HE QUITCLAIMED IN FAVOR OF HIS SON ROMULO ABALOS, AND IN APPLYING RES JUDICATA.
- THE TRIAL COURT ERRED IN NOT FINDING THAT THE LAND KNOWN AS “PINIRAT” WAS THE SHARE OF FAUSTINO ABALOS, WHICH HE SOLD TO HIS SONS, THE PLAINTIFFS ROMULO AND MAURO ABALOS, AND IN APPLYING RES JUDICATA.
- THE TRIAL COURT ERRED IN VOIDING THE INSTRUMENTS OF TRANSFER EXECUTED BY FAUSTINO ABALOS IN FAVOR OF ROMULO ABALOS OF HIS ¼ SHARE OF THE [“DUYAO”] LOT AND IN FAVOR OF MAURO ABALOS AND ROMULO ABALOS OF THE “PINIRAT” LOT.
- THE TRIAL COURT ERRED IN NOT UPHOLDING THE CLAIM OF PLAINTIFF ROMULO ABALOS OVER ¼ OF THE [“DUYAO”] LOT AND THE CLAIM OF PLAINTIFFS MAURO ABALOS AND ROMULO ABALOS OVER THE [“PINIRAT”] LOT.[36]
WHEREFORE, premises considered, the assailed Decision of the court a quo in Civil Case No. 16289 is hereby modified, as follows:Panfilo moved for reconsideration of the Decision but was denied.[39]SO ORDERED.[38]
- Being co-owners of Duyao Fishpond, plaintiffs-appellants Spouses Aurora Bucal and Demetrio Bucal, plaintiffs-appellants Spouses Romulo Abalos and Jesusa O. Abalos, defendant-appellant Panfilo Abalos and Danilo Abalos, in representation of his deceased father, Pedro Abalos, should divide and distribute the same equally;
- One-third of the Pinirat Fishpond is co-owned by plaintiffs-appellants Spouses Romulo Abalos and Jesus Abalos, and Spouses Mauro Abalos and Luzviminda R. Abalos; That defendant-appellant Panfilo Abalos is the sole owner of another 1/3 portion of the Pinirat fishpond; While the remaining 1/3 portion is for Danilo Abalos, in representation of his deceased father Pedro Abalos;
- No pronouncement as to cost.
The issue of ownership or co-ownership, to be more precise, must first be resolved in order to effect a partition of properties. This should be done in the action for partition itself. As held in the case of Catapusan v. Court of Appeals:It is only properties owned in common that may be the object of an action for partition; it will not lie if the claimant has no rightful interest over the subject property. Thus, in this case, only the shares in the lots which are determined to have been co-owned by Panfilo, Faustino and Danilo could be included in the order of partition and, conversely, shares in the lots which were validly disposed of in favor of respondents must be excluded therefrom. In this connection, the Court sees no reason to depart from the findings of fact and the partition ordered by the appellate court as these are amply supported by evidence on record. Furthermore, the rule is that factual issues are beyond our jurisdiction to resolve since in a petition for review under Rule 45 of the 1997 Rules of Civil Procedure this Court’s power is limited only to review questions of law – when there is doubt or difference as to what the law is on a certain state of facts.[53]‘In actions for partition, the court cannot properly issue an order to divide the property unless it first makes a determination as to the existence of co-ownership. The court must initially settle the issue of ownership, the first stage in an action for partition. Needless to state, an action for partition will not lie if the claimant has no rightful interest over the subject property. In fact, Section 1 of Rule 69 requires the party filing the action to state in his complaint the ‘nature and the extent of his title’ to the real estate. Until and unless the issue of ownership is definitely resolved, it would be premature to effect a partition of the properties. x x x’ (citations omitted)[52]