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Heirs of Marcelino Doronio, Petitioners v. Heirs of Fortunato Doronio, Respondents

This case involves a dispute over ownership of a parcel of land located in Pangasinan between the heirs of Marcelino Doronio and the heirs of Fortunato Doronio. The heirs of Marcelino Doronio claim full ownership based on a private deed of donation from the original owners to Marcelino Doronio and Veronica Pico. However, the deed contained discrepancies and was never notarized. The heirs of Fortunato Doronio argue they own half the land. The court ruled that the heirs of Fortunato Doronio were not bound by a previous decision granting full ownership to the heirs of Marcelino Doronio because they were not made actual parties to that case, as the rules require for judgments

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Michael Donasco
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56 views2 pages

Heirs of Marcelino Doronio, Petitioners v. Heirs of Fortunato Doronio, Respondents

This case involves a dispute over ownership of a parcel of land located in Pangasinan between the heirs of Marcelino Doronio and the heirs of Fortunato Doronio. The heirs of Marcelino Doronio claim full ownership based on a private deed of donation from the original owners to Marcelino Doronio and Veronica Pico. However, the deed contained discrepancies and was never notarized. The heirs of Fortunato Doronio argue they own half the land. The court ruled that the heirs of Fortunato Doronio were not bound by a previous decision granting full ownership to the heirs of Marcelino Doronio because they were not made actual parties to that case, as the rules require for judgments

Uploaded by

Michael Donasco
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Heirs of Marcelino Doronio, Petitioners v. Heirs of Fortunato Doronio, Respondents


(G.R. No. 169454, December 27, 2007)
 
FACTS:
 
Spouses Simeon Doronio and Cornelia Gante were the registered owners of a parcel of land located
at Barangay Cabalitaan, Asingan, Pangasinan. The spouses executed a private deed of donation
propter nuptias in favor of spouses Marcelino Doronio and Veronica Pico. However, there was an
issue of ownership with respect to the adjacent property at the eastern side. The adjacent owners are
Zacarias Najorda and Alejandro Najorda, whereas based on the deed of donation, the owner of the
adjacent property is Fortunato Doronio. In addition to the discrepancy, said deed of donation was
never notarized. Hence, it remained a private document.
 
The petitioners alleged that they are now the owners of the entire property in view of the private
deed of donation propter nuptias in favor of their predecessors, Marcelino Doronio and Veronica
Pico.
 
Respondents argued that only half of the property was actually incorporated in the said deed of
donation because it stated that Fortunato Doronio, instead of Zacarias Najorda and Alejandro
Najorda, is the owner of the adjacent property at the eastern side.
 
The heirs of Marcelino Doronio and Veronica Pico filed a petition for the Registration of a Private
Deed of Donation, on January 11, 1993, before the RTC in Urdaneta, Pangasinan.

On September 22, 1993 the petition was granted, leading to the registration of the deed of donation,
and issuance of a new Transfer Certificate of Title in the names of Marcelino Doronio and Veronica
Pico. Hence, the entire property was titled in the names of petitioners’ predecessors.
 
On April 28, 1994, the heirs of Fortunato Doronio filed a petition before the RTC praying that an order
be issued declaring the said registration as null and void.

The petition was dismissed on the ground that the decision in petition had already become final as it
was not appealed.
 
ISSUE:
 
Are heirs of Fortunato Doronio bound by the decision?
 
RULING:

No. The heirs of Fortunato Doronio are not bound by the decision. They were not made parties in the
said case. Declaratory relief under Rule 63, Sec. 1, of the Rules of Court, provides: Any person
interested under a deed, will, contract or other written instrument, or whose rights are affected by a
statute, executive order or regulation, or ordinance, may, before breach or violation thereof, bring an
action to determine any question of construction or validity arising under the instrument or statute
and for a declaration of his rights or duties thereunder.

However, respondents were not made parties in the said Petition Case No. U-920. Worse, instead of
issuing summons to interested parties, the RTC merely allowed the posting of notices on the bulletin
boards of Barangay Cabalitaan, Municipalities of Asingan and Lingayen, Pangasinan. 
 
Suits to quiet title are not technically suits in rem, nor are they, strictly speaking, in personam, but
being against the person in respect of the res, these proceedings are characterized as quasi in
rem.The judgment in such proceedings is conclusive only between the parties. The rules on quieting
of title expressly provide that any declaration in a suit to quiet title shall not prejudice persons who
are not parties to the action.
  
 

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