Scribd
Upload
119 views2 pages

Aznar

1) Aznar Brothers Realty Co. acquired a lot in Lapu-Lapu City from the heirs of Crisanta Maloloy-on through an Extrajudicial Partition of Real Estate with Deed of Absolute Sale. 2) Private respondents were occupying portions of the lot with Aznar's permission but Aznar wanted them to vacate to develop the lot. 3) The main issue is whether the participation of non-heirs in the extrajudicial partition nullifies the partition.

Uploaded by

Charls Vince Rosillo
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
119 views2 pages

Aznar

1) Aznar Brothers Realty Co. acquired a lot in Lapu-Lapu City from the heirs of Crisanta Maloloy-on through an Extrajudicial Partition of Real Estate with Deed of Absolute Sale. 2) Private respondents were occupying portions of the lot with Aznar's permission but Aznar wanted them to vacate to develop the lot. 3) The main issue is whether the participation of non-heirs in the extrajudicial partition nullifies the partition.

Uploaded by

Charls Vince Rosillo
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

[G.R. No. 128102. March 7, 2000] AZNAR BROTHERS REALTY COMPANY, petitioner, vs.

COURT OF APPEALS, LUIS AYING, DEMETRIO SIDA, FELOMINO AUGUSTO, FEDERICO ABING, and ROMEO AUGUSTO, respondents. FACTS: 1.) Petitioner Aznar Brothers Realty Co. (hereafter AZNAR), acquired Lot in Lapu-Lapu City from the heirs of Crisanta Maloloy-on by virtue of an Extrajudicial Partition of Real Estate with Deed of Absolute Sale registered with the Register of Deeds of the same City. After the sale, petitioner AZNAR declared this property under its name for taxation purposes and regularly paid the taxes thereon. 2.) Private respondents were allegedly allowed to occupy portions of Lot by mere tolerance provided that they leave the land in the event that the company would use the property for its purposes. 3.) AZNAR entered into a joint venture with Sta. Lucia Realty Development Corporation for the development of the subject lot into a multi-million peso housing subdivision and beach resort. When its demands for the private respondents to vacate the land failed, AZNAR filed with the Municipal Trial Court (MTCC) of Lapu-Lapu City a case for unlawful detainer and damages. 4.) Private respondents have set up the defense of ownership and questioned the title of AZNAR to the subject lot, alleging that the Extrajudicial Partition with Deed of Absolute Sale upon which petitioner bases its title is null and void for being simulated and fraudulently made. That they came to know of the fraud only when AZNAR entered into the land and destroyed its vegetation. They then filed with the RTC of Lapu-Lapu City a complaint seeking to declare the subject document null and void. ISSUE : W/N the participation of non-heirs as parties to the extrajudicial partition nullify the partition . HELD: No. The respondents claim that the persons who participated and were made parties thereto were not heirs of Crisanta, even if true, would not warrant rescission of the deed. Under Article 1104 of the Civil Code, "[a] partition made with preterition of any of the compulsory heirs shall not be rescinded, unless it be proved that there was bad faith or fraud on the part of the persons interested; but the latter shall be proportionately obliged to pay to the person omitted the share which belongs to him." In the present case, no evidence of bad faith or fraud is extant from the records. As to the two parties to the deed who were allegedly not heirs, Article 1105 is in point; it provides: "A partition which includes a person believed to be an heir, but who is not, shall be void only with respect to such person." In other words, the participation of non-heirs does not render the partition void in its entirety but only to the extent corresponding to them. ( pwede nani wala sa baba ky Succession man ang topicfor info purposes lang magamit sa provrem or evidencehehehehe) Private respondents allege that some of the persons who were made parties to the deed were already dead, while others were still minors and the signatures of those who were made parties were forged. These are bare allegations with no leg to stand on. No birth or death certificates were presented before the MTCC to support the allegations .Anent the non- annotation of the Extrajudicial Partition with Deed of Absolute Sale does not render the deed legally defective. The purpose of registration is merely to notify and protect the interests of strangers to a given transaction, who may be ignorant thereof, and the non-registration of the deed evidencing said transaction does not relieve the parties thereto of their obligations Here, no right of innocent third persons or subsequent transferees of the subject lot is involved; thus, the conveyance executed in favor of AZNAR by private respondents and their predecessors is valid and binding upon them, and is equally binding and effective against their heirs. The petitioners claim of possession over the subject lot is anchored on its claim of ownership on the basis of the Extrajudicial Partition with Deed of Absolute Sale. The issue of the validity of the questioned deed is solely for the purpose of resolving the issue of possession and is to be regarded merely as

provisional, without prejudice, however, to the final determination of the issue in the other case for the annulment or cancellation of the Extrajudicial Partition with Deed of Absolute Sale.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy