484 Phil. 524
CARPIO, J.:
WHEREFORE, summing up the evidence, oral and documentary, presented by both parties, Judgment is rendered for the plaintiff and against the defendants.The RTC Decision reads:
The Court orders, as it is hereby ordered, that the plaintiff is declared the rightful registered owner of the land consisting of One Hundred Forty Nine (149) square meters, more or less, located at A. A. Berces St., Tabaco, Albay, under Transfer Certificate of Title No. T-67780, in the name of Pedro Bongalon, said title is free from defect, flaw and cloud of doubt, therefore, indefeasible.
The defendants are likewise ordered to vacate and to deliver the portion of the land in question they have occupied to the plaintiff peacefully. And to pay the costs proportionately.[15]
From the documentary evidence adduced during the hearing by both parties, it appeared that the real property/land in question was formerly and originally owned by Rosalia Buenaflor, covered by Original Certificate of Title No.[RO-17402 (23825)], then to [T-]67656, then to [T-67780], containing an area of One Hundred Forty Nine (149) square meters, more or less, located at then Taylor Street now A. A. Berces Street, Tabaco, Albay. Rosalia Buenaflor married Cornelio Bonga and begot children, namely: Cirila, Trinidad, Jacoba, Emilio and Benito, all surnamed Bonga. Daughter Cirila Bonga got married to Bernabe Bongalon and begot seven (7) children, namely: Pedro, Cecilio, Amparo, Eleuteria and others, all surnamed Bongalon.Respondents appealed to the Court of Appeals.
On July 26, 1943, two (2) documents were executed over the same parcel of land, this in question (sic).
First document, Exhibit-“2” defendants, Absolute Deed of Sale was executed and signed by vendors Trinidad Bonga, Conchita Faustino, Teodora Bonga, heirs and children of Rosalia Buenaflor Bonga, [conveying] a part of the property in question xxx in favor of vendee Cirila Bonga xxx. Said Absolute Deed of Sale was notarized and acknowledged on July 26, 1943 by a notary public and entered as Doc. No. 2, Page 15, Book No. 1, Series of 1943.
Second document, Exhibit –“B” – plaintiff, Absolute Deed of Sale was executed and signed by vendors Trinidad Bonga, Cirila Bonga, Conchita B. Faustino (sic) and Teodora Bonga, heirs and children of Rosalia Buenaflor Bonga, [conveying] a part of the property in question in favor of vendee Pedro Bongalon (son of Cirila Bonga Bongalon), xxxx Said document was notarized and acknowledged on July 26, 1943 by a Notary Public and entered as Doc. No. 2, Page No. 15, Book No. 1, Series of 1943.
The Exhibit-“2” for the defendants and the Exhibit-“B” for the plaintiff, contained a handwritten insertion, to wit, “a part of” and initialled, which is unclear, found in the first paragraph, later portion. Both documents are (sic) prepared/executed/signed by the same persons/ signatories, acknowledged and notarized by the same Notary Public, Zosimo R. Almonte. Both documents, Absolute Deed of Sale, printed and expressed particular same boundaries and description of the whole area which is One Hundred Forty Nine (149) square meters, more or less, but did not contain expressly the part/portion of said property [sold].
Circumstances surrounding the execution of these two (2) documents is concluded (sic) and construed that Exhibit-“B” for the plaintiff has to be given weight and effect. This, the entire area of 149 square meters, more or less, is the subject of the sale as Cirila Bonga is now one of the four (4) vendors. Each vendor shared or owned at least 37 square meters and 25 centimeters of this land in question, to be candid and clear.
In possession of the Deed of Absolute Sale, vendee Pedro Bongalon applied, processed and managed to have the ownership of said property transferred in his name by submitting an Affidavit of Confirmation, by Conchita F. Base, one of the vendors, dated May 22, 1978 duly subscribed and sworn to by Notary Public Julian C. Cargullo, entered as Doc. No. 92, Page No. 21, Book No. VII, Series of 1978 and an Extrajudicial Settlement of Estate, this is a requirement. Finally, Transfer Certificate of Title No. T-67780 in the name of Pedro Bongalon was issued on [January] 25, 1985. This is an indefeasible title of ownership in favor of the plaintiff.
On February 22, 1971, again Cirila Bonga, vendor again (sic), executed and signed another Deed of Absolute Sale, Exhibit-“1” for the defendants, in favor of Amparo Bongalon Cortezano, vendee, married to Atenogenes A. Cortezano of the same entire parcel of land in question of 149 square meters, more or less, acknowledged and notarized by Notary Public Joel C. Atadero, entered as Doc. No. 1031, Page No. 77, Book No. VII, Series of 1971. By virtue of this instrument, Cortezano, Amparo procured Tax Declaration No. 0020 in her name declaring the entire 149 square meters for taxation purposes for the year 1985 in her name and where a 32 square meters of a house (sic) is constructed thereon.
Exhibit-“1” for the defendants, Deed of Absolute Sale by vendor Cirila Bonga to the latter’s daughter vendee Amparo Bonga Cortezano is defective having a flaw or cloud in the rights of an owner. She, Cirila Bonga, is not the only owner of said land. Previously on July 26, 1943 said parcel of land was a subject of Absolute Deed of Sale in favor of Pedro Bongalon, the brother of vendee of Exhibit-“1” Amparo Bongalon Cortezano, by the rightful owners/vendors of the land in question.
Yet it can be argued that the plaintiff’s Extrajudicial Settlement of Estate is a defect, a minor one, but what is controlling is Exhibit-“B”, Absolute Deed of Sale in his favor dated July 26, 1943, and the Affidavit of Confirmation of Conchita F. Base.
xxxx
Considering the evidence, and with careful perusal of the same adduced by both parties at the hearing, the Court honestly believes, so holds and is of the strong opinion, that the plaintiff’s cause of action is sufficiently impressed with merit supporting his claim of possession, as well as ownership of the land.[16]
PREDICATED on the evidence and the law in point, the appeal in this case is sufficiently impressed with merit.Pedro Bongalon sought reconsideration but the Court of Appeals denied his motion in its 23 February 2000 Resolution.[18]
IN THE FIRST PLACE, the basis of the complaint filed by the plaintiff-appellee is that he acquired the property in question by inheritance from his predecessors-in-interest and not by purchase. This fact is shown by the Annotation xxx of the Extrajudicial Settlement of Estate xxx which was the supporting document that authorized the cancellation of TCT No. T-67656 xxx in the name of the original registered owner Rosalia Buenaflor and the issuance of TCT No. T-67780 in favor of and in the name of plaintiff-appellee Pedro Bongalon. In other words, the Extrajudicial Settlement of Estate (which is by inheritance) is the basis of both the complaint and the transfer of the certificate of title from the original owner to the plaintiff-appellee.
SECONDLY, in the trial of the case, what was introduced in evidence were the Deed of Absolute Sale (Exhibit “B”) and the Affidavit of Confirmation (Exhibit “C”), though these were never alleged in the complaint. What was alleged in the complaint was the Extrajudicial Settlement of Estate xxx or the mode of inheritance (sic). That is why, the defendants-appellants’ counsel vigorously objected of (sic) the admission of Exhibit “B” and Exhibit “C” on the ground that no evidence can be introduced in support of allegation not found in the pleadings xxx. Consequently, the trial court should not have admitted Exhibits “B” and “C” as part of the evidence.
THIRDLY, the only ground upon which plaintiff-appellee can base his stand is the Deed of Absolute Sale (Exh. “B”) and the Deed of Confirmation (Exh. “C”) after suppressing the presentation and submission of xxx the Extrajudicial Settlement of Estate. Since Exhibit “B” and Exhibit “C” should not have been considered or admitted because the same were not alleged in the complaint xxx, the only remaining issue is TCT No. T-67780.
FOURTHLY, plaintiff-appellee Pedro Bongalon, as already stated, executed the Extrajudicial Settlement of Estate xxx falsely alleging that the original registered owner Rosalia Buenaflor and husband were survived by their only daughter Cirila Bonga Bongalon, mother of the plaintiff-appellee, when in fact Cirila Bonga Bongalon was survived by her seven (7) children namely: Amparo, Cecilio, Eleuterio (sic), Jose, Gloria, Anastacio and Pedro. The first two names are the defendants-appellants and the last one is the plaintiff-appellee. Consequently, the Extrajudicial Settlement of Estate is tainted with fraud, brazen lies and grave misrepresentation which the lower court recognized as a defect, though a minor one, in view of Exhibit “B” and Exhibit “C”. It is inevitable that the trial court should have correctly nullified TCT No. T-67780 on the aforecited grounds. For well-settled is the rule that when a party resorts to falsehood to advance his suit, it is presumed that he knows perfectly well that his cause is groundless and this presumption affects the whole mass of evidence presented by such party xxx.
AFTER a careful review of the entire evidence, We perceive no difficulties in sustaining the validity of defendants-appellants’ claim or posture.
ACCORDINGLY, in the light of the foregoing disquisitions, the decision of the Court a quo is hereby REVERSED and SET ASIDE and a new one is rendered dismissing the case, with costs against the plaintiff-appellee.[17] (Capitalization and underlining in the original)
In their Comment, Cecilio and the heirs of Amparo reiterate their prayer to nullify TCT No. T-67780 and the Extrajudicial Settlement.
- WHETHER THE COURT OF APPEALS GRAVELY ERRED IN REVERSING THE DECISION OF THE TRIAL COURT;
- WHETHER THE DECISION OF THE COURT OF APPEALS IS IN ACCORD WITH THE FACTS, EVIDENCE AND THE PERTINENT LAWS, PARTICULARLY THE PROVISIONS OF THE CIVIL CODE ON SALE, POSSESSION AND OWNERSHIP.[20]
(1) | The Deed of Sale dated 22 February 1971 and the Deed of Extrajudicial Settlement dated 30 January 1979 are ANNULLED. |
(2) | Transfer Certificate of Title No. T-67780 is CANCELLED. The Register of Deeds of Albay is ordered to restore Transfer Certificate of Title No. T-67656 in the name of Rosalia Buenaflor, without prejudice to the issuance of another Transfer Certificate of Title in the name of Pedro Bongalon and the other co-owners of Lot No. 525-A, namely, Benito Bongalon, Catalina Faustino Conlo, Leonardo Faustino, Francisca Bonga Camba, and Maxima Bonga Diaz. |
(3) | Respondent Cecilio Bongalon and the heirs of Amparo Bongalon are ordered to vacate Lot No. 525-A and to remove all the improvements they have constructed on Lot No. 525-A. |
KNOW ALL MEN BY THESE PRESENTS:[8] Ibid., p. 133. Exhibit B (incorrectly marked as “Annex B”) reads:
That we, Trinidad Bonga, of legal age, married to Bernardino Bobier, Conchita Faustino, of legal age, married to Andres Bose, Teodora Bonga, of legal age, married to Eugenio Bien, all filipino citizens and with Residence and Postal Address at the Municipality of Tabaco, Province of Albay, for and in consideration of the sum of One Hundred Pesos (P100.00), Present Currency, to us in hand paid and receipt hereof is hereby acknowledged, by Cerila Bonga (sic), of legal age, married to Bernabe Bongalon, filipina, and with Residence and Postal Address at the Municipality of Tabaco, Province of Albay, with the knowledge and consent of our respective husbands, do hereby SELL, TRANSFER, AND CONVEY; unto the said Cerila Bonga (sic), her heirs and assign, a part of that certain residential lot which we inherited from our deceased mother and grandmother, respectively, and now, belonging to us and in our present possession, more particularly bounded and described as follows:A parcel of Residential Lot (Lot No. 525, of the Cad. Survey of Tabaco), situated in Taylor Street, Tabaco, Albay, containing an area of one hundred forty-nine (149) square meters, more or less; Bounded on the N. by Taylor Street; on the E. by Cristina Barcebal; on the S. by Felix Berces Jr.; and on the W. by Alfonsa Centura. Covered by Original Certificate of Title No. 23825, issued by the Register of Deeds of the Province of Albay.That we do hereby covenant and agree with the vendee, Cerila Bonga (sic), that we are lawfully seized in fee of the said premises, that it is free from all liens and encumbrances, that we have the perfect right to convey the same, and that we warrant and forever defend the same unto the said Cerila Bonga (sic), her heirs and assigns, against the lawfull (sic) claims of all persons whomsoever.
In WITNESS WHEREOF, we have hereunto signed this presents, this 26th day of July, 1943, in the Municipality of Tabaco, Province of Albay. (Underscored portion was inserted in writing in the original)
KNOW ALL MEN BY THESE PRESENTS:[9] Ibid., p. 153. The 22 February 1971 Deed of Sale reads:
That we, Cerila Bonga (sic), of legal age, married to Bernabe B. Bongalon, Trinidad Bonga, of legal age, married to Bernardino Bobier, Conchita Faustino, of legal age, married to Andres Bose (sic), Teodora Bonga, of legal age, married to Eugenio Bien, all filipino citizens and with Residence and Postal Address at the Municipality of Tabaco, Province of Albay, for and in consideration of the sum of One Hundred Pesos (P100.00), Present Currency, to us in hand paid and receipt hereof is hereby acknowledged, by Pedro Bongalon, of legal age, single, son of Cerila Bonga (sic), filipino, and with Residence and Postal Address at the Municipality of Tabaco, Province of Albay, with the knowledge and consent of our respective husbands, do hereby SELL, TRANSFER, AND CONVEY, under the said Pedro Bongalon his heirs and assigns, a part of that certain residential lot which we inherited from our deceased mother and grandmother, respectively, and now, belonging to us and in our present possession, more particularly bounded and described as follows:A parcel of Residential Lot (Lot No. 525, of the Cad. Survey of Tabaco), situated in Taylor Street, Tabaco, Albay, containing an area of one hundred forty-nine (149) square meters, more or less; Bounded on the N. by Taylor Street; on the E. by Cristina Barcebal; on the S. by Felix Berces Jr., and on the W. by Alfonsa Centura. Covered by Original Certificate of Title No. 23825, issued by the Register of Deeds of the Province of Albay.That we do hereby covenant and agree with the vendee, Pedro Bongalon, that we are lawfully seized in fee of the said premises, that it is free from all liens and encumbrances, that we have the perfect right to convey the same, and that we warrant and forever defend the same unto the said Pedro Bongalon, his heirs and assigns, against the lawfull claims of all persons whomsoever.
In WITNESSWHEREOF (sic), we have hereunto signed this presents, this 26th day of July, 1943, in the Municipality of Tabaco, Province of Albay. (Underscored portion was inserted in writing in the original)
KNOW ALL MEN BY THESE PRESENTS:[10] Cecilio testified that while he had a house in Lot No. 525-A (where Cirila, Bernabe, and Eleuteria also stayed), he later moved out of it and transferred to Amparo’s house after Pedro Bongalon’s family moved in his house (TSN, 8 May 1991, pp. 7-10, 17-18).
That I, CIRILA BONGA, of legal age, widow, filipino citizen, and with residence of and with postal address at Legaspi Street, Municipality of Tabaco, Province of Albay, for and in consideration of [the] sum of FOUR THOUSAND AND FIVE HUNDRED PESOS (P4,500.00), in Philippine Currency, paid to me and to my entire satisfaction by AMPARO BONGALON CORTEZANO, of legal age, married to MR. ATENOGENES A. CORTEZANO, filipino citizen, and with residence of and with postal address at the Municipality of Tabaco, Province of Albay, do hereby sell, cede, transfer, convey, and from the date of this instrument, I deliver the property, dominion and material possession unto her, her heirs, executors and assigns, that certain portion of residential land, more particularly bounded and described as follows:“Part of Original Certificate of Title No. 23825 [a] parcel of residential land (part of Lot No. 525 of the Cadastral Survey of Tabaco), situated at Taylor Street, Tabaco, Albay, containing an area of one hundred and forty-nine (149) square meters, more or less; bounded on the North, by Taylor Street; on the East, by Cristina Barcebal; on the South, by Felix Berces Jr.; and on the West, by Alfonsa Centura. Visible boundaries consists (sic) of cemented posts. Declared under Tax No. __________, and with an ass’d value of P__________ . [”]of which property, VENDOR is the absolute and exclusive owner, the same being a part of her paraphernal properties, free from all liens and incumbrances, further agreeing to forever defend the same against any and all claims by whomsoever, in favor of VENDEE, her heirs, executors and assigns.
That said property is duly registered under Act 496, as evidenced by the afore-cited Original Certificate of Title. Artilce (sic) 1623 of the New Civil Code of the Philippines, and the provisions of Republic Act No. 3844, known the (sic) Agricultural Land Reform Code, in connection with possible redemptioners thereof, has been complied with.
IN WITNESS WHEREOF, I have hereunto set my hand in the Municipality of Tabaco, Albay, on this 22nd day of February, 1971. (Capitalization and blanks in the original)
KNOW ALL MEN BY THESE PRESENTS:[14] Ibid., p. 81. Because of this substitution, petitioner should have impleaded the heirs of Amparo as co-respondents in this petition in lieu of Amparo.
That I, CONCHITA F. BASE, of legal age, widow and presently a resident and with postal address at Sn (sic) Juan (Patio), Tabaco, Albay, after having been duly sworn to in accordance with law, depose and state:
That I know personally Pedro Bongalon, being the son of my auntie, Cirila Bonga Bongalon (deceased);
That on or about July 26, 1943, due to the death of my grandfather, Cornelio C. Bonga, my mother Jacoba Bonga Faustino (deceased) thru her children, Conchita Faustino Base, Catalina Faustino Conlo, and Leonardo Faustino; Trinidad Bonga Bobier, daughter of the late Cornelio C. Bonga; [illegible] Bonga (deceased) thru his children, Teodora Bonga Bien, Francisca Bonga Camba, and Maxima Bonga Diaz; Benito Bonga (deceased) thru his children Consuelo Bonga Gonzales and Amado Bonga; sold our respective shares in a parcel of residential lot, more particularly bounded and described as follows:“A parcel of residential lot (lot No. 525, of the Cad. Survey of Tabaco), situated in Taylor Street, Tabaco, Albay, containing an area of one hundred forty-nine (149) square meters, more or less; Bounded on the N. by Taylor Street; on the E. by Cristina Barcebal; on the S. by Felix Barces, Jr. and on the W. by Alfonsa Centura. Covered by Original Certificate of Title No. 23825, issued by the Register of Deeds of the Province of Albay.”to our cousin, Pedro Bonga Bongalon, as evidenced by an Absolute Deed of Sale, executed before Notary Public, Zosimo R. Almonte, as Doc. No. 2, Page No. 15, Book No. 1, Series of 1943;
That said Pedro Bonga Bongalon as vendee has been in continuous possession and without interruption of the lot since the sale by his mother and our aunties;
That as witness vendor to the sale, I hereby execute this instrument of confirmation freely and voluntarily.
IN WITNESS WHEREOF, I have hereunto set my hand this 22[nd] day of May, 1978.