793 Phil. 413
PERALTA, J.:
(a) A parcel of land (unirrigated riceland) located at Lucap, Cayucay, Alaminos, Pangasinan, bounded by the properties of the following: x x x; consisting of Two Hundred Seventy-Seven Thousand Twenty-Six (277,026) Square Meters, more or less, and declared for taxation purposes under Tax Declaration No. 4236 in 1951 in the Office of the Provincial Assessor of Pangasinan, in the name of Doroteo Magno;In their Amended Answer to the Amended Complaint with a Counter-claim[6] dated March 4, 1964, Teofilo Magno, Isidro, Herminio and Felicidad, all surnamed Cabatic, Aurora, Elpidio, Tomas, Nicanor and Lolita, all surnamed Magno (Teofilo Magno, et al. ), who are the predecessors-in-interest of Elpidio Magno, et al, denied the material allegations of the amended complaint. By way of counterclaim, Teofilo Magno, et al. also sought the partition of three (3) parcels of land originally owned by Nicolas Magno, as shown by Original Tax Declaration No. 2221 in his name, and described as follows:
(b) A parcel of land (unirrigated riceland) located at Lucap, Alaminos, Pangasinan, bounded by the properties of the following: x x x; consisting of Four Thousand Four Hundred Seventeen (4,417) Square Meters, more or less, and declared for taxation purposes under Tax Declaration No. 4235 in 1951 in the Office of the Provincial Assessor of Pangasinan, in the name of Doroteo Magno;
(c) A parcel of land (residential lot) located at Poblacion, Alaminos, Pangasinan, bounded by the properties of the following: x x x; consisting of Two Thousand Seven Hundred Five (2,705) Square Meters, more or less, and declared for taxation purposes under Tax Declaration No. 4238, in 1951 in the Office of the Provincial Assessor of Pangasinan, in the name of Doroteo Magno;
(d) A parcel of land (unirrigated riceland) located at San Jose Dive, Poblacion, Pangasinan, bounded by the properties of the following: x x x; consisting of Five Thousand Four Hundred (5,400) Square Meters, more or less, and declared for taxation purposes under Tax Declaration No. 4237 in 1951 in the Office of the Provincial Assessor of Pangasinan, in the name of Doroteo Magno;
(e) A parcel of land (unirrigated rice, sugar, and forest lands), located at Lucap, Alaminos, Pangasinan, bounded by the properties of the following: x x x; consisting of One Hundred Fifty-Six Thousand Five Hundred Forty (156,540) Square Meters, more or less, and declared for taxation purposes under Tax Declaration No. 4233 in 1951 in the Office of the Provincial Assessor of Pangasinan, in the name of Doroteo Magno;
(f) A parcel of land (coconut land) located at Lucap, Cayucay, Alaminos, Pangasinan, bounded by the properties of the following: x x x; consisting of Three Thousand Two Hundred Forty-Five (3,245) Square Meters, more or less, and declared for taxation purposes under Tax Declaration No. 4234 in 1951 in the Office of the Provincial Assessor of Pangasinan, in the name of Doroteo Magno;
(g) A parcel of land (unirrigated Riceland) located at Balangobong, Alaminos, Pangasinan, bounded by the properties of the following: x x x; consisting of Eleven Thousand One Hundred Thirty-Two (11,132) Square Meters, more or less, and declared for taxation purposes under Tax Declaration No. 4241 in 1951 in the Office of the Provincial Assessor ofPangasinan, in the name of Espiridion Magno; [5]
Tax Declaration No. 4246 in the name of GAVINO MAGNO and is actually in the possession of Gavino Magno, plaintiff:On October 5, 1972, CFI of Pangasinan, Branch VII,[8] granted the amended complaint of Gavino Magno, et al., but failed to include in the dispositive portion of its Decision[9] three (3) real properties covered by Tax Declaration Nos. 4246, 4249, and 13385 subject of the counterclaim of Teofilo Magno, et al. The fallo of the Decision reads:
A parcel of land containing an area of 84,988 square meters in area situated in the Barrio Lucap, Municipality of Alaminos, Pangasinan, Philippines, x x x.
Tax Declaration No. 13385 assessed at P390.00 in the name of plaintiff, Necitas Magno described as follows:
A parcel of land situated in the Barrio of Lucap, Municipality of Alaminos, Pangasinan, containing an area of about 38,385 sq. m. x x x.
Tax Declaration No. 4249 in the name of plaintiff NAZARIA MAGNO and also under her actual possession, to wit:
A parcel of land situated in the Barrio of Lucap, Mun. of Alaminos, Pangasinan containing an area of 41,023 sq. m. more or less, x x x.[7]
WHEREFORE, in view of all the foregoing considerations, judgment is hereby declared as follows:On June 30, 1981, the Court of Appeals (CA), 9th Division, rendered a Decision[11] affirming the decision of the CFI. The CA ruled, among other matters, that the lands covered by Tax Declaration Nos. 4246, 4249, and 13385 were owned by the late Nicolas Magno and must be brought into the mass of his estate. But, the CA also failed to order their partition in the dispositive portion of its decision which reads:
a) Declaring the plaintiffs [Gavino Magno, et al. ] and the defendants [Teofilo Magno, et al. ] as legal heirs of the deceased Nicolas Magno and consequently, the absolute and exclusive owners of the properties described in the amended complaint, except the parcel of land described in paragraph (3), sub-paragraph (e) of said amended complaint. b) Ordering the partition of said properties in four (4) equal parts as follows: one share each of the plaintiffs, Gavino, Nicetas and Nazaria, all surnamed Magno, and the fourth share to thedefendants who represent the deceased Doroteo Magno; c) Declaring the property described in paragraph (3), sub-paragraph (e) as the exclusive property of the heirs of the deceased spouses, Doroteo Magno and Monica Romero; d) Ordering the defendants to account for the annual income or produce of the above-mentioned properties with the exception of the property described in the preceding paragraph, and to divide the same into four (4) equal parts in the manner above-described, commencing from 1957 until the accounting is made and the shares corresponding to the plaintiffs delivered; e) Ordering the defendants to pay, jointly and severally, the plaintiffs in the sum of P3,000.00 as attorney's fees. And the costs. SO ORDERED.[10]
WHEREFORE, the Decision appealed from, being in accord with evidence and law, is hereby affirmed in all parts. With costs against the defendants-appellants.In an Entry of Judgment[13] dated September 25, 1981, the Clerk of Court certified that the CA Decision has become final and executory on September 22, 1981.
SO ORDERED.[12]
WHEREFORE, in consideration of the foregoing premises, considering that these three parcels of land were acquired by the deceased Nicolas Magno and his first wife, Eugenia Recaido, the plaintiffs, therefore, are entitled to one-half of each of the three parcels of land as the share of his first wife, Eugenia Recaido, or her heirs while the other half owned by Nicolas Magno be divided into four shares, three shares to the defendants and one share to the plaintiffs.On July 23, 2012, the CA Sixth Division rendered a Decision in CA-G.R. CV No. 90846, the dispositive portion of which states:
Further, the Court finally orders the accounting of all the total value of fruits and produce of the three described parcels of land from 1957 up to the present time and to deliver to the plaintiffs their respective shares pertaining to them.
Finally, the court orders the defendants to pay severally and jointly the plaintiffs actual damages and attorney's fees in the total sum of ONE HUNDRED THOUSAND (Php100,000.00) PESOS.
IT IS SO ORDERED.[24]
WHEREFORE, the instant appeal is GRANTED and the appealed Decision is REVERSED and SET ASIDE. A new one is entered DISMISSING the complaint.Aggrieved, Elpidio Magno, et al. filed this petition for review on certiorari.
SO ORDERED.[25]
Elpidio Magno, et al. admit that the subject three (3) properties covered by Tax Declaration Nos. 13385, 4246 and 4249 were among those stipulated as properties of Nicolas Magno, and lengthily discussed in the body of the CFI Decision in Civil Case No. A-413, but were not included in the dispositive portion of its decision. They stress that while the said decision was affirmed by the CA in G.R. CV No. 52655-R when it ruled inter alia that such properties ought to be brought into the mass of Nicolas Magno's estate, the CA likewise failed to include the said properties in the dispositive portion of its decision. Thus, Elpidio Magno, et al. submit that res judicata cannot be applied because there is no identity of subject matter between Civil Case No. A-413 where their predecessors-in-interest, Teofilo Magno, et al. had sought by way of counterclaim for partition of the said properties, and Civil Case No. 1850 where they prayed for partition of the same properties, which were omitted in the dispositive portion of the decisions of the CFI and the CA.
a- in holding that the finality of the decision in Civil Case No. A-413 operates as res judicata in the second case (Civil Case No. A-1850), despite that there is no identity of the subject matter between the two cases. b- in concluding that the decision in the first case, which has become final and executory, should have been executed to effect the partition of the subject properties, notwithstanding that only the dispositive portion, of the fallo is its decisive resolution, and is thus the subject of execution. c- in dismissing Civil Case No. A-1850, without regard to the right to demand partition of the thing owned in common, as mandated in Art. 494 of the New Civil Code.[26]
Res judicata means "a matter adjudged; a thing judicially acted upon or decided; a thing or matter settled by judgment." It lays the rule that an existing final judgment or decree rendered on the merits, without fraud or collusion, by a court of competent jurisdiction, upon any matter within its jurisdiction, is conclusive of the rights of the parties or their privies, in all other actions or suits in the same or any other judicial tribunal of concurrent jurisdiction on the points and matters in issue in the first suit.In order for res judicata to bar the institution of a subsequent action, the following requisites must concur: (1) the judgment sought to bar the new action must be final; (2) the decision must have been rendered by a court having jurisdiction over the subject matter and the parties; (3) the disposition of the case must be a judgment on the merits; and (4) there must be, as between the first and second actions, identity of parties, subject matter, causes of action as are present in the civil cases below.[31] All four requisites of res judicata under the concept of bar by prior judgment are present in this case.
It must be remembered that it is to the interest of the public that there should be an end to litigation by the parties over a subject fully and fairly adjudicated. The doctrine of res judicata is a rule that pervades every well-regulated system of jurisprudence and is founded upon two grounds embodied in various maxims of the common law, namely: (1) public policy and necessity, which dictates that it would be in the interest of the State that there should be an end to litigation — republicae ut sit litium; and (2) the hardship on the individual that he should be vexed twice for the same cause — nemo debet bis vexari pro una et eadem causa. A contrary doctrine would subject public peace and quiet to the will and neglect of individuals and prefer the gratification of the litigious disposition on the part of suitors to the preservation of public tranquility and happiness.
Res judicata has two concepts. The first is bar by prior judgment under Rule 39, Section 47(b), and the second is conclusiveness of judgment under Rule 39, Section 47(c). These concepts differ as to the extent of the effect of a judgment or final order as follows:SEC. 47. Effect of judgments or final orders. – The effect of a judgment or final order rendered by a court of the Philippines, having jurisdiction to pronounce the judgment or final order, may be as follows:Jurisprudence taught us well that res judicata under the first concept or as a bar against the prosecution of a second action exists when there is identity of parties, subject matter and cause of action in the first and second actions. The judgment in the first action is final as to the claim or demand in controversy, including the parties and those in privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose and of all matters that could have been adjudged in that case. In contrast, res judicata under the second concept or estoppel by judgment exists when there is identity of parties and subject matter but the causes of action are completely distinct. The first judgment is conclusive only as to those matters actually and directly controverted and determined and not as to matters merely involved herein.[30]
x x x x
(b) In other cases, the judgment or final order is, with respect to the matter directly adjudged or as to any other matter that could have been raised in relation thereto, conclusive between the parties and their successors-in-interest by title subsequent to the commencement of the action or special proceeding, litigating for the same thing andunder the same title and in the same capacity; and
(c) In any other litigation between the same parties or their successors-in-interest, that only is deemed to have been adjudged in a former judgment or final order which appears upon its face to have been so adjudged, or which was actually and necessarily included therein or necessarythereto.
xxx [R]ecords show that herein parties do not dispute the fact that the trial court has jurisdiction over the first case (Civil Case No. A-413) and that such decision in the first case has long become final and executory on September 22, 1981 by virtue of the Entry of Judgment dated September 25, 1981. There is also no question with respect to the identity of parties in both civil cases. Obviously there is also a community of interest between the parties in both the first and the present case [Civil Case No. A-1850], being the legitimate heirs of Nicolas Magno, although, the parties in the present case, by right of representation, merely substituted some of the original parties in the first case who already died, x x x.[32]With respect to the third requisite of res judicata, there is no question that the Decision[33] of the CFI, dated October 5, 1972, granting the amended complaint for partition docketed as Civil Case No. A-413, is a judgment on the merits, because it was rendered based on the evidence and stipulations submitted by the parties and the witnesses they presented at the trial of the case.
2. That the deceased NICOLAS MAGNO was the original owner of the following parcels of land as shown by Original Tax Declaration No. 2221 in his name, and which parcels of lands are hereby described as follows:On the other hand, in their Amended Complaint in Civil Case No. A-1850, Elpidio Magno, et al, as successors-in-interest of Teofilo Magno, et al., prayed, among other matters, that judgment be rendered "[o]rdering the partition of the above-described parcels of land among the plaintiffs and the defendants, taking into consideration that these parcels of land were acquired during the first marriage; x x x."[36] Indeed, the subject matters of the first and second actions for partition, accounting and damages, docketed as Civil Case Nos. A-413 and A-1850, respectively, are the three (3) real properties originally owned by the late Nicolas Magno, which were later declared for taxation purposes under Tax Declaration Nos. 4246, 4249 and 13385. Since all the requisites of res judicata under the concept of bar by prior judgment are present, the CA correctly dismissed the amended complaint for partition docketed as Civil Case No. A-1850.Tax Declaration No. 4246 in the name of GAVINO MAGNO and is actually in the possession of Gavino Magno, plaintiff:3. That the three parcels of land of about 16 hectares total area being the original property of the deceased NICOLAS MAGNO common ancestor of both parties in this case, under law, should be divided into four equal parts, and all the defendants, being descendants by the first wedlock, and therefore should be considered full blood and entitled to double that of the descendants of the second wedlock, it being now difficult to determine under which wedlock, the said properties were acquired, the partition therefrom which would equitative (sic) to the parties would be that 3/4 pro-indiviso to the defendants; and 1/4 pro-indiviso thereof to the plaintiffs.[35]
A parcel of land containing an area of 84,988 square meters in area situated in the Barrio of Lucap, Municipality of Alaminos, Pangasinan, Philippines, x x x.
Tax Declaration No. 13385 assessed at P390.00 in the name of plaintiff, Necitas Magno described as follows:
A parcel of land situated in the Barrio of Lucap, Municipality of Alaminos, Pangasinan, containing an area of about 38,385 sq. m. x x x.
Tax Declaration No. 4249 in the name of plaintiff NAZARIA MAGNO and also under her actual possession, to wit:
A parcel of land situated in the Barrio of Lucap, Mun. of Alaminos, Pangasinan containing an area of 41,023 sq. m. more or less, x x x.[34]
The office of a judgment nunc pro tunc is to record some act of the court done at a former time which was not then carried into the record, and the power of a court to make such entries is restricted to placing upon the record evidence of judicial action which has been actually taken. It may be used to make the record speak the truth, but not to make it speak what it did not speak but ought to have spoken. If the court has not rendered a judgment that it might or should have rendered, or if it has rendered an imperfect or improper judgment, it has no power to remedy these errors or omissions by ordering the entry nunc pro tune of a proper judgment. Hence a court in entering a judgment nunc pro tune has no power to construe what the judgment means, but only to enter of record such judgment as had been formerly rendered, but which had not been entered of record as rendered. In all cases the exercise of the power to enter judgments nunc pro tunc presupposes the actual rendition of a judgment, and a mere right to a judgment will not furnish the basis for such an entry. (15 R. C. L., pp. 622-623.)Guided by the foregoing principles, the Court finds that the interest of justice would be best served if a nunc pro tunc judgment would be entered in Civil Case No. A-413 by ordering the partition and accounting of income and produce of the three (3) properties covered by Tax Declaration Nos. 4246, 4249 and 13385, under the same terms as those indicated in the dispositive portion the CFI Decision dated October 5, 1972. It is undisputed that the said properties are still undivided and considered as part of the estate of Nicolas Magno, pursuant to the final decision in Civil Case No. A-413. There is also no doubt that the CFI failed to include in the dispositive portion of its Decision dated October 5, 1972 in Civil Case No. A-413 its ruling that the said three (3) properties remain undivided and should be partitioned among the heirs of Nicolas Magno. Pertinent portions of the CFI Decision state:xxx xxx xxx
The object of a judgment nunc pro tunc is not the rendering of a new judgment and the ascertainment and determination of new rights, but is one placing in proper form on the record, the judgment that had been previously rendered, to make it speak the truth, so as to make it show what the judicial action really was, not to correct judicial errors, such as to render a judgment which the court ought to have rendered, in place of the one it did erroneously render, nor to supply nonaction by the court, however erroneous the judgment may have been. (Wilmerding vs. Corbin Banking Co., 28 South., 640, 641; 126 Ala., 268.)
A nunc pro tunc entry in practice is an entry made now of something which was actually previously done, to have effect as of the former date. Its office is not to supply omitted action by the court, but to supply an omission in the record of action really had, but omitted through inadvertence or mistake. (Perkins vs. Haywood, 31 N. E., 670, 672.)xxx xxx xxx
It is competent for the court to make an entry nunc pro tunc after the term at which the transaction occurred, even though the rights of third persons may be affected. But entries nunc pro tunc will not be ordered except where this can be done without injustice to either party, and as a nunc pro tuncorder is to supply on the record something which has actually occurred, it cannot supply omitted action by the court. . . (15 C. J., pp. 972-973 .)[41]
The following facts are undisputed: that Nicolas Magno, common ancestor of the parties died in 1907; that he died intestate, leaving properties one of which is described under Tax Declaration No. 2221; that Nicolas Magno married twice; that during his first marriage with one Eugenia Recaido, he had two sons, Doroteo Magno and Eduardo Magno but the latter died without issue; that Doroteo Magno died in 1937; that he had four children, namely: Teofllo, Jose, Angela and Esperidion, all surnamed Magno; that of the four, only Teofilo is still living. While Jose was survived by one daughter Lolita and one son, Nicolas Magno. Angela was survived by three children, Isidro, Herminio, and Felicidad, all surnamed Cabatic; Espiridion Magno who is also deceased was survived by his three children Tomas, Elpidio and Aurora, all surnamed Magno. While in his second marriage with Camila Asinger, said Nicolas Magno had three children, Gavino, Nicetas and Nazaria, all surnamed Magno.In affirming in toto the CFI Decision, the CA likewise failed to indicate in the dispositive portion of its Decision dated June 30, 1981 in CA-G.R. No. 52655-R, its definitive ruling that the said three (3) real properties were owned by Nicolas Magno and must be brought into the mass of his estate for partition, thus:
The principal issue in this case is whether the properties of the deceased Nicolas Magno have been partitioned.
From the evidence thus adduced, the Court is convinced that said properties of the deceased Nicolas Magno, common ancestor of the parties remain undivided up to present. This view is supported by the testimonies of the plaintiffs and their witnesses, as well as that of the defendants and their witnesses. Custodio Rabina, a witness for the plaintiffs testified that after the death of Nicolas Magno, his son, Doroteo Magno took possession of the twenty-seven hectare Lucap property on condition that he would give three "baars" to the plaintiffs in the form of rentals; that Rabina used to see Doroteo deliver the shares of the plaintiffs; that after the death of Doroteo Magno in 1937, his son Teofilo continued in the possession of the same under the same condition as his father until 1957; that on the said date, Teofilo failed to deliver the shares of the plaintiffs, hence, the latter demanded the return of the land. That in view, thereof, plaintiffs went to Atty. Tomas Rapatalo who advised them to divide the properties in question instead of fighting each other. However, no partition was effected.
Nicolas Magno, another witness for the plaintiffs declared that in 1957, he went to Atty. Rapatalo together with Teofilo Magno, purposely to effect the partition of the properties in question, but no partition was effected due to the refusal of Teofilo's nephews and nieces.
Isidro Cabatic, one of the defendants testified that the properties of Nicolas Magno have not been partitioned and that is the reason why the heirs have no titles in their respective names. He further declared that while they agreed to divide the properties in 1946, nevertheless, since some of them were in Mindanao and others in Quezon City, the partition was not effected, that instead an oral partition was made, but as the witness himself said, it was not approved. Cabatic also declared that subsequently, the heirs from Mindanao came but insisted on the partition according to the Certeza Survey. It is to be noted that in their proposed partition, the heirs hires the services of Surveyor de Asis.
The mere fact that the Lucap property is covered by four tax declarations (Exhibits G, F, E and D) is not evidence to show that it has been partitioned. Mere tax declarations are not evidence of ownership.
Likewise, the fact that the plaintiffs possessed certain portions of the Lucap property does not prove that said property had been partitioned because, as satisfactorily explained by Nicetas Magno, it was the practice of the heirs to occupy portions of the hereditary estate and harvest the corresponding produce thereof. This has not been contradicted or rebutted by the defendants.
The inequality of the areas possessed by the plaintiffs and Doroteo Magno involving the Lucap property which was not explained by the defendants is another irrefutable sign of non-partition. Defendants failed to explain satisfactorily why twenty-seven (27) hectares would belong to Doroteo Magno while the plaintiffs should have only sixteen (16) hectares among themselves from the Lucap property.
Another evidence to show that the properties of Nicolas Magno are still undivided is the testimony of the defendant Teofilo Magno that in 1957, he went to see Atty. Rapatalo for the purpose of asking him to register the properties in Lucap and Kiskis in the name of Doroteo Magno, however, Atty. Rapatalo was not able to file the supposed application for land registration because of the objections of the plaintiffs who were also present when he (Teofilo) approached Atty. Rapatalo. Teofilo also declared that the plaintiffs objected because they claimed they are co-owners of the same; that due to the same objections of the plaintiffs, Teofilo was not able to get the tax declaration in his name covering the Lucap property.
Defendants claimed and they tried to prove that the properties in litigation are the exclusive properties of Doroteo Magno and therefore, they are entitled to inherit the same to the exclusion of the plaintiffs. This contention of the defendants is untenable. Defendants in the course of the trial, have failed to present any document or writing to show that Nicolas Magno conveyed the properties in question solely to Doroteo.
No partition having been effected among the heirs, it follows that the pro-indiviso character of the lands in question continue. It is a familiar doctrine that when an inheritance is undivided, possession by one of the co-heirs, and prescription, however long may be the lapse, do not run against the latter's right of action to demand the partition of the pro-indiviso property, for the simple reason that the possessor thereof is not a third person, nor does he hold it by such adverse possession as will become legalized by prescription. (Dimagiba vs, Dimagiba, 34 Phil. 357). Such possession is always understood to be exercised by the heir himself and in the name of his co-heirs (Lampitoc vs. Lampitoc, CA-G.R. No. 9200-R, April 30, 1953).
The only exception to the rule that prescription does not run against the co-heirs is when the co-heirs or co-owners, having possession of the hereditary community property, hold the same in his own name, that is, under claim of exclusive ownership. In such case, he may acquire the property by prescription if his possession meets the other requirements of the law (De los Santos vs. Sta. Teresa, 44 Phil. 811). However, this exception does not apply in this case. In the first place, neither the defendant Teofilo Magno nor his father Doroteo Magno could be considered to have possessed the lands in question in the concept of an owner to the exclusion of his co-heirs. The evidence to the effect is insufficient and inconclusive. As can be clearly gleaned from the evidence, the defendants were all the while aware of the plaintiffs' claim of ownership over said properties.
In view of the foregoing, there is nothing more left for the Court to resolve than to order the partition of the properties in question except the parcel of land described in par. 3, sub-par, (e) of the amended complaint, otherwise, denominated as Kiskis property, the same having been satisfactorily shown by the defendants to be the paraphernal property of Monica Romero, wife of Doroteo Magno (Exhibit 6). Clearly therefore, plaintiffs have no right to inherit any portion thereof.
In effecting the partition among the heirs of the decedent, Article 2263 of the New Civil Code should be applied. Under the said provision, rights to an inheritance of a person who dies, with or without a will, before the effectivity of this code, shall be [governed] by the Civil Code of Spain of 1889, by other [previous] laws, and by the Rules of Court. In other words, Nicolas Magno, having died in 1907, the distribution of his estate shall be [governed] by the Civil Code of Spain of 1889.
To properly distribute his estate, the important consideration should be to determine the date of the acquisition of the properties subject of partition in order to be able to [pinpoint] which properties belong to his first marriage and which properties pertain to his second marriage. In this case, however, evidence is clear that all the properties subject of partition belong to both marriages of the decedent, Nicolas Magno, with the exception of that parcel described in paragraph (3), sub-paragraph (e) of the amended complaint as previously stated. Therefore, applying Article 931 of the Civil Code of Spain of 1889, the law [in force] at the time of the decedent's death, his children, Doroteo, Gavino, Nicetas and Nazaria should inherit in equal shares. Accordingly, the children of the late Doroteo Magno, namely: Teofilo, Angela, Jose and Espiridion should succeed to the estate of Nicolas Magno by right of representation and pursuant to law, they cannot inherit more than what their father would inherit if alive.
As regards the disposition made by Doroteo Magno during his lifetime, the same are valid to the extent of his share and insofar as the same are not inofficious.
In brief, the properties in question which by agreed preponderance of evidence were shown to be owned by the decedent, Nicolas Magno, except parcel (e) under par. 3 of the amended complaint as previously mentioned, should be partitioned as follows: one fourth (1/4) share each child shall be for the three-plaintiffs, and the fourth share shall pertain to the defendant to represent the deceased, Doroteo Magno.[42]
What are the lands inherited by the parties from the common ancestor, the late Nicolas Magno, and what are the lands, if any, not owned by Nicolas Magno but inherited by the defendants-appellants [Teofilo Magno, et al. ] from their respective parents, as alleged in their answer? Were some of these lands including those described in the counterclaim, acquired by either party through acquisitive prescription or adverse possession after the required number of years? We decide.Concededly, Elpidio Magno, et al. failed to raise the issue of nunc pro tunc entry at any stage of the proceeding, in order to include the subject three (3) properties among the other real properties of Nicolas Magno subject to partition, pursuant to the CFFs final decision in Civil Case No. A-413. The interest of justice, however, impels the Court to consider and resolve an issue even though not particularly raised, because it is necessary for the complete adjudication of the rights and obligations of the parties and it falls within the issues already found by them.[44] Such omission on the part of Elpidio Magno, et al. does not preclude the Court from appreciating the said issue, because to ignore the same would result in a situation where the said three (3) properties would remain under co-ownership, despite the clear intention of the successors-in-interest of Nicolas Magno to partition them among themselves.
Land subject-matter of defendants' [Teofilo Magno, et al. ] counterclaim. - As admitted by the defendants in their answer, there existed a property used to be covered by Tax Declaration No. 2221 in the name of Nicolas Magno. In the pre-trial conference of October 8, 1964, the parties stipulated that the land covered by Tax Declaration No. 2221 was one of the properties left by Nicolas Magno (pp. 14-15,20-21, R.A.). In the stipulation of the parties, dated November 16, 1965, the parties admitted that Tax No. 2221 was revised in 1917 and four tax declarations were issued in lieu of Tax No. 2221 to wit: Tax No. 7819, in the name of Doroteo Magno; Tax No. 7820 in the name of Nicetas Magno; Tax No. 7821 in the name of Gavino Magno, and Tax No. 7822 in the name of Nazaria Magno (see also Exh. A.) In their counterclaim, defendants disclosed that the same land originally declared under Tax No. 2221 are now covered by Tax No. 4246 in the name of Gavino Magno, No. 13385, in the name of Nicetas Magno, and No. 4249, in the name of Nazario Magno (pp. 15-16 Record on Appeal).
The lands covered by Tax Declaration Nos. 4246, 4249 and 13385 were owned by the late Nicolas Magno and must be brought into the mass of his estate.
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After a careful analysis of the evidence, We uphold the lower court's findings. We repeat, in 1946, according to defendant Isidro Cabatic, all the heirs have demanded the division of their common properties; and in 1957 another defendant, Teofilo Magno, disclosed that plaintiffs [Gavino Magno, et al. ] have asked for partition of the lands in question. There is no evidence to show that between 1946 and 1957, defendants have categorically apprised the plaintiffs of their repudiation of the co-ownership because they have found out that the late Doroteo Magno was the exclusive owner of all the properties by valuable or other considerations from Nicolas Magno and/or they and their predecessors have acquired ownership over the lands in question through adverse possession to the exclusion of plaintiffs and their mother. The complaint for partition was filed on January 23, 1963 or before the lapse often (10) years from 1957 when a chance confrontation between Teofilo Magno and plaintiffs took place in the office of Atty. Tomas Rapatalo and when defendants refused to share with the plaintiffs the harvest of the properties.[43]
b) Ordering the partition of said properties in four (4) equal parts as follows: one share each of the plaintiffs, Gavino, Nicetas and Nazaria, all surnamed Magno, and the fourth share to the defendants who represent the deceased Doroteo Magno;On a final note, partition is a right much favored, because it not only secures peace, but also promotes industry and enterprise.[47] The rule of the civil as of the common law that no one should be compelled to hold property in common with another grew out of a purpose to prevent strife and disagreement, to facilitate transmission of titles and avoid the inconvenience of joint holding.[48] The reason of the law in recognizing in favor of a co-owner the right to ask under certain limitations the partition of the property held in common is that the good faith and harmony which the law regards as necessary to exist among co-owners may sometimes be broken by one who, against the wish of others, is opposed to the further continuance of the co-ownership.[49] By reason thereof, the law allows, as a general rule, the pro-indiviso condition to cease and to proceed with the partition of the party, adjudicating as a result thereof to each of the co-owners their respective interest in the community property.[50]
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d) Ordering the defendants to account for the annual income or produce of the above-mentioned properties with the exception of the property described in the preceding paragraph, and to divide the same into four (4) equal parts in the manner above-described, commencing from 1957 until the accounting is made and the shares corresponding to the plaintiffs delivered;[46]
Very truly yours, | |
(SGD.) WILFREDO V. LAPITAN Division Clerk of Court |