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Ernesto David, Et. Al. Vs Cristito Malay, Et. Al.: G.R. No. 132644 19 NOV 1999

1) Andres Adona applied for a homestead patent over an agricultural land parcel. After his death, Maria Espiritu obtained the Original Certificate of Title in her name as Andres' widow. 2) Maria died and the petitioners and respondents continued peaceful possession of the land. Petitioners later executed deeds to sell their shares but private respondents protested, claiming they were the true owners. 3) Private respondents filed a complaint to annul the sales, arguing the OCT was fraudulently obtained by Maria Espiritu concealing Andres' prior marriage. The Court of Appeals set aside dismissal, finding the OCT was obtained fraudulently and petitioners' right to reconveyance did not prescribe.

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Justine Dawn Garcia Santos-Timpac
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108 views8 pages

Ernesto David, Et. Al. Vs Cristito Malay, Et. Al.: G.R. No. 132644 19 NOV 1999

1) Andres Adona applied for a homestead patent over an agricultural land parcel. After his death, Maria Espiritu obtained the Original Certificate of Title in her name as Andres' widow. 2) Maria died and the petitioners and respondents continued peaceful possession of the land. Petitioners later executed deeds to sell their shares but private respondents protested, claiming they were the true owners. 3) Private respondents filed a complaint to annul the sales, arguing the OCT was fraudulently obtained by Maria Espiritu concealing Andres' prior marriage. The Court of Appeals set aside dismissal, finding the OCT was obtained fraudulently and petitioners' right to reconveyance did not prescribe.

Uploaded by

Justine Dawn Garcia Santos-Timpac
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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ERNESTO DAVID, ET.

AL. VS CRISTITO
MALAY, ET. AL.

19 NOV

G.R. No.

Andres Adona

Leoncia Abad
CARMEN A. MALAY
CRISTITO,NORA
PRIVATE
and DIONISIO
RESPONDENTS

Andres Adona
ESPERANZA

Maria Espiritu
PETITIONERS
VICENTE

LEMQUE

ANDRES ADONA applied for a homestead


patent over a parcel of agricultural land.
Andres died, Maria Espiritu succeeded in
obtaining the Original Certificate of Title
in her name .
Maria died, the petitioners and
respondents continued to be in peaceful
possession of the subject land.

Petitioners executed a deed of Extrajudicial


Settlement with Sale over the subject property
in favor of Mrs. Venancia Ungson.
Private respondents protested the sale claiming
that they were the true owners of the land.
The sale in favor of Mrs. Ungson was rescinded.
petitioners executed another deed of
Extrajudicial Settlement with Sale.In this new
instrument, petitioners divided the land equally
among themselves and sold their respective
shares to their co-petitioners, the UBAGOS

7 Dec 1992 private respondents filed a


complaint for Annulment of Sale with
Restraining Order, Injunction and
Damages against petitioners.

that theOriginal Certificate of Title was


fraudulently issued to Maria Espiritu, on 04
December 1933, upon herfalse
representation that she was the widow
ofAndres Adona.

DECISION OF RTC

dismissed the complaint

Lack of cause of action - cause of action


constituted a collateral attack on the
Torrens Certificate of Title
Prescription - if the action were to be
treated as being one for reconveyance, the
suit would still have to fail since an action
for reconveyance could only be brought
within ten (10) years counted from the date
of issuance of the certificate of title

DECISION OF COURT OF
APPEALS

Set aside the order of dismissal of the


case decreed by the trial court

OCT was issued in favor of Maria Espiritu


by her fraudulent concealment of the
existence of Adonas first marriage to
Leoncia Abad
Petitioners were in actual possession of the
subject property, the right to seek
reconveyance does not prescribe.

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