G.R. No. 179638, July 08, 2013
HEIRS OF NUMERIANO MIRANDA, SR., namely: CIRILA (Deceased), CORNELIO, NUMERIANO, JR., ERLINDA, LOLITA, RUFINA, DANILO, ALEJANDRO, FELIMON, TERESITA, ELIZABETH AND ANALIZA, ALL SURNAMED MIRANDA, Petitioners, v. PABLO R. MIRANDA, Respondent.
D E C I S I O N
DEL CASTILLO, J.:
WHEREFORE, premises considered, this court resolves:cralavvonlinelawlibrary
1. To [u]phold and [s]ustain the validity of TCT Nos. 186011, 186012, and 186013;chanroblesvirtualawlibrary
2. Ordering Pablo Miranda to indemnify all other heirs of NUMERIANO MIRANDA the amount equivalent to 12/13 fair market value of the co-owned residential house, erected on the lot 826-A-3 covered by TCT No. 186013 corresponding to their shares, and for the said heirs to divide among themselves the aforesaid amount as follows:cralavvonlinelawlibrary1/13 to CIRILA MIRANDA3. Ordering Plaintiffs Lolita Miranda, Alejandro Miranda, Teresita Miranda, Rufina Miranda and all persons claiming rights under them to immediately vacate the abovementioned residential house and to jointly and severally pay to the spouses Pablo and Aida Miranda a monthly rental of P2,000.00 from the date of notice of the promulgation of this judgment up to the time that they have actually vacated the property;chanroblesvirtualawlibrary
1/13 to CORNELIO MIRANDA
1/13 to NUMERIANO MIRANDA, JR.
1/13 to ERLINDA MIRANDA
1/13 to LOLITA MIRANDA
1/13 to RUFINA MIRANDA
1/13 to DANILO MIRANDA
1/13 to ALEJANDRO MIRANDA
1/13 to FELIMON MIRANDA
1/13 to TERESITA MIRANDA
1/13 to ELIZABETH MIRANDA
1/13 to ANALIZA MIRANDA
4. Proclaiming that ROGELIO MIRANDA is not the biological son or child by nature of TRANQUILINO MIRANDA, and therefore is not entitled to inherit from the latter;chanroblesvirtualawlibrary
5. Declaring CORNELIO MIRANDA, NUMERIANO MIRANDA, JR., ERLINDA MIRANDA, LOLITA MIRANDA, RUFINA MIRANDA, DANIL[O] MIRANDA, ALEJANDRO MIRANDA, FELIMON MIRANDA, TERESITA MIRANDA, ELIZABETH MIRANDA, ANALIZA MIRANDA, PABLO MIRANDA and PACITA MIRANDA as the lawful legal heirs of the deceased TRANQUILINO MIRANDA and ordering them to partition among themselves Lot 826-A-1 covered by TCT No. 186011 registered in the name of TRANQUILINO MIRANDA, containing an area of 213 square meters, as follows:cralavvonlinelawlibrary1/13 aliquot share to Cornelio Miranda6. Ordering all the abovenamed heirs to commission the survey of Lot 826-A-1 or to authorize in writing, one of them to commission such survey, in order to avoid a chaotic situation similar to the case at bar. Should they not agree as to what particular portion shall belong to one another, they may agree that it be allotted to one or two or several of them, who shall indemnify the others at a price agreed upon by all of them. Should they not agree as to whom shall the property be allotted, to sell the property to a third person at [a] price agreed upon by a majority of all [of] them, and to partition the proceeds of the sale in accordance with No. 5 above.
1/13 aliquot share to Numeriano Miranda, Jr.
1/13 aliquot share to Erlinda Miranda
1/13 aliquot share to Lolita Miranda
1/13 aliquot share to Rufina Miranda
1/13 aliquot share to Danilo Miranda
1/13 aliquot share to Alejandro Miranda
1/13 aliquot share to Felimon Miranda
1/13 aliquot share to Teresita Miranda
1/13 aliquot share to Elizabeth Miranda
1/13 aliquot share to Analiza Miranda
1/13 aliquot share to Pablo Miranda
1/13 aliquot share to Pacita Miranda
WHEREFORE, finding the instant petition to be meritorious, the petition is hereby GRANTED. Pursuant to Rule 39, Section 6 of the Rules of Court, the Decision dated August 30, 1999 in Civil Case No. 94-612 is hereby REVIVED.
WHEREFORE, in view of the foregoing, the notice of appeal herein filed is hereby DENIED for lack of merit.
WHEREFORE, premises considered, the petition is DENIED. The appeal is hereby DISMISSED for having been filed out of time.
- WHETHER X X X THE APPEAL WAS PERFECTED ON TIME?
- WHETHER X X X THE LATE (ONE DAY) FILING WAS JUSTIFIED?
- WHETHER X X X AN ACTION FOR REVIVAL OF JUDGMENT IS APPEALABLE?
- WHETHER THE APPEAL IS MERITORIOUS?
- Whether the [RTC] below has exclusive original jurisdiction over an action for revival of judgment?
- Whether xxx respondent herein, plaintiff therein, as one of the judgment creditors can file the said action for revival ALONE?
- Whether subsequent events or laws have rendered the judgment sought to be revived modified [or] altered[,] or prevent its enforcement?
- Whether res judicata or laches has seeped in, other judgment creditors not suing for any such implementation of the 1999 judgment, ONLY PLAINTIFF ALONE?
- Whether x x x the Petitioners are entitled to damages?29
* Per Special Order No. 1484 dated July 9, 2013.cralawlibrary
1Arcenas v. Court of Appeals, 360 Phil. 122, 132 (1998).cralawlibrary
2Rollo, pp. 3-32.cralawlibrary
3 CA rollo, pp. 134-139; penned by Associate Justice Juan Q. Enriquez, Jr. and concurred in by Associate Justices Vicente S. E. Veloso and Marlene Gonzales-Sison.cralawlibrary
4 Id. at 180-181.cralawlibrary
5 Records, Volume I, Civil Case No. 94-612, pp. 1-7.cralawlibrary
6 Records, Civil Case No. 05-131, pp. 8-20; penned by Presiding Judge Alberto L. Lerma.cralawlibrary
7 Id. at 18-20.cralawlibrary
8 Id. at 31.cralawlibrary
9 Id. at 21-23.cralawlibrary
10 Id. at 24.cralawlibrary
11 Id. at 25-29.cralawlibrary
12 Id. at 28.cralawlibrary
13 Id. at 31.cralawlibrary
14 Id. at 1-7.cralawlibrary
15 Id. at 199-205.cralawlibrary
16 Id. at 268-270; penned by Presiding Judge Alberto L. Lerma.cralawlibrary
17 Id. at 270. Emphases in the original.cralawlibrary
18 Id. at 282-283.cralawlibrary
19 Id. at 284.cralawlibrary
20 Id. at 286-288.cralawlibrary
21 Id. at 292-297.cralawlibrary
22 Id. at 305; penned by Presiding Judge Alberto L. Lerma.cralawlibrary
24 CA rollo, pp. 2-16; Amended Petition, pp. 39-63.cralawlibrary
25 Id. at 12 and 60.cralawlibrary
26 Id. at 134-139.cralawlibrary
27 Id. at 139.cralawlibrary
28 Id. at 180-181.cralawlibrary
29Rollo, pp. 12-13.cralawlibrary
30 Id. at 412.cralawlibrary
31 Id. at 404.cralawlibrary
33 Id. at 411-412.cralawlibrary
34 Id. at 408-410.cralawlibrary
35 Id. at 417.cralawlibrary
36 Id. at 418-419.cralawlibrary
37 Id. at 413-415.cralawlibrary
38 Id. at 464.cralawlibrary
39 Id. at 466.cralawlibrary
40 Rules of Court, Rule 41, Section 3.cralawlibrary
41 Sec. 3. Manner of filing. – The filing of pleadings, appearances, motions, notices, orders, judgments and all other papers shall be made by presenting the original copies thereof, plainly indicated as such, personally to the clerk of court or by sending them by registered mail. In the first case, the clerk of court shall endorse on the pleading the date and hour of filing. In the second case, the date of the mailing of motions, pleadings, or any other papers or payments or deposits, as shown by the post office stamp on the envelope or the registry receipt, shall be considered as the date of their filing, payment, or deposit in court. The envelope shall be attached to the record of the case.cralawlibrary
42 Philippine National Bank v. Commissioner of Internal Revenue, G.R. No. 172458, December 14, 2011, 662 SCRA 424, 433-434, citing Benguet Electric Cooperative, Inc. v. National Labor Relations Commission, G.R. No. 89070, May 18, 1992, 209 SCRA 55, 60-61.cralawlibrary
43Rollo, p. 46.cralawlibrary
44Juco v. Heirs of Tomas Siy Chung Fu, 491 Phil. 641, 650 (2005).cralawlibrary
46Arcenas v. Court of Appeals, supra note 1 at 132.cralawlibrary
47Infante v. Aran Builders, Inc., G.R. No. 156596, August 24, 2007, 531 SCRA 123, 129, citing Aldeguer v. Gemelo, 68 Phil. 421, 424-425 (1939).