SECOND DIVISION
G.R. No. 231459, January 21, 2019
HEIRS OF PAULA C. FABILLAR, AS REPRESENTED BY AUREO* FABILLAR, PETITIONERS, v. MIGUEL M. PALLER, FLORENTINA P. ABAYAN, AND DEMETRIA P. SAGALES, RESPONDENTS.
D E C I S I O N
PERLAS-BERNABE, J.:
Before the Court is a petition for review on certiorari1 assailing the Decision2 dated August 31, 2016 and the Resolution3 dated March 10, 2017 of the Court of Appeals, Cebu City (CA) in CA-G.R. CEB-S.P. No. 08293, which affirmed the Decision on Appeal4 dated January 17, 2014 of the Regional Trial Court of Balangiga, Eastern Samar, Branch 42 (RTC) in Civil Case No. 0114, declaring respondents Miguel M. Paller (Miguel), Florentina P. Abayan, and Demetria P. Sagales (Demetria; collectively, respondents) as the lawful owners of the subject land and ordering Antonio and Matilda Custodio (Spouses Custodio), and petitioners' predecessor-in-interest, Paula C. Fabillar (Paula), to surrender the ownership and physical possession of the land, and to pay actual damages, attorney's fees, and the costs of suit.
I. | A special proceeding for declaration of heirship is not necessary in the present case, considering that the parties voluntarily submitted the issue of heirship before the trial court. |
II. | Ambrosio's baptismal certificate cannot be considered as competent proof of the claimed filiation with Marcelino. |
III. | Respondents failed to prove the identity of the land they are seeking to recover. |
Boundaries | TD No. 2191 | TD No. 2192 |
North | Ambrosio Paller | Public Land |
East | Pablo Pajarilla | Agaton Baldo |
South | Juan Paller | Rafaella Paller |
West | Ambrosio Paller | Quirina Paller |
TD No. 2191 | Description | TD No. 2192 | Description |
TD No. 413973 | Same area/ boundaries | TD No. 661874 | Same area/boundaries |
TD No. 822075 | -do- | TD No. 37376 | 31,000 sq. m./same boundaries |
TD No. 08008-0014077 | -do- | TD No. 1636178 | area was reduced to 27,12579 sq. m. with the sale of 3,875 sq. m. to Federico Abayan/ same boundaries |
TD No. 0028180 | -do- |
Endnotes:
* "Aureu" in the Petition (see rollo, p. 9).
** Designated Additional Member per Special Order Nos. 2629 and 2630 dated December 18, 2018.
1Rollo, pp. 9-26.
2 Id. at 117-125. Penned by Associate Justice Germano Francisco D. Legaspi with Executive Justice Gabriel T. Ingles and Associate Justice Marilyn B. Lagura-Yap concurring.
3 Id. at 135-136.
4 Id. at 106-115. Penned by Acting Presiding Judge Rolando M. Lacdo-o.
5 Dated August 29, 2006. Id. at 61-65. Initially, respondents filed their complaint before the MCTC dated March 1, 2004 (see id. at 54-59).
6 See id. at 61-62.
7 "Ambrocio" in some portion of the records.
8 "Inacia" in some portion of the records.
9 Including Benita, Catalino, Eulalio, Regino, Magdalino, Arsenio, and Pedro (see amended complaint; records, p. 122). See also Pre-Trial Order dated May 22, 2006 (see id. at 86-89), wherein it was admitted that Marcelino had nine (9) children, namely: Catalino, Arsenio, Regino, Pedro, Magdalino, Benita, Isidra, Ignacia, and Eulalio.
10Rollo, pp. 61-62 and 93.
11 Id. at 62-63 and 94.
12 See id. at 63 and 94.
13 See Answer with Affirmative Defenses dated December 22, 2004; id. at 67-70.
14 See id. at 67-69.
15 See Certificate of Baptism dated May 31, 2006; records, p. 226.
16 See id.
17 See id.
18 Id. at 228.
19 See id.
20 See rollo, p. 86.
21 Id. at 85-92.
22 See Memorandum dated August 9, 2012; records, pp. 558-571.
23 See id. at 565-568.
24 Id. at 285-287. Issued by Presiding Judge Rebecca Gavan-Almeda.
25Rollo, pp. 93-100.
26 See id. at 100.
27 See id. at 96-99.
28 See Notice of Appeal dated December 28, 2012 and Order dated January 18, 2013; records, pp. 585 and 589, respectively.
29Rollo, pp. 106-115.
30 See id. at 110-111.
31 See id. at 114.
32 See Notice of Death with Motion for Substitution of Parties dated April 2, 2014; CA rollo, pp. 8-11.
33 See Petition for Review (under Rule 42) dated April 1, 2014; id. at 14-29.
34 See id. at 19-23.
35 363 Phil. 393 (1999).
36Rollo, pp. 117-125
37 See id. at 123-124.
38 Dated September 29, 2016. Id. at 126-133.
39 Id. at 135-136.
40 See id. at 21.
41 See id. at 18.
42 See Plaintiffs' Pre-Trial Brief dated May 8, 2006 (records, p. 79), and Defendants' Pre-Trial Brief dated April 6, 2006 (id. at 67). The issue of whether or not Ambrosio is one of the children of Marcelino was included as one of the issues for resolution in the case. See Pre-Trial Order dated May 22, 2006; records, p. 89.
43 See supra note 35, at 398-399.
44 713 Phil. 570 (2013).
45 Id. at 576-577.
46Rebusquillo v. Spouses Gualvez, 735 Phil. 434, 442 (2014).
47 The issue of whether or not Ambrosio is one of the children of Marcelino was included as one of the issues for resolution in the case. See Pre-Trial Order dated May 22, 2006; records, p. 89.
48Rebusquillo v. Spouses Gualvez, supra note 46.
49 The issue of whether or not Ambrosio is one of the children of Marcelino was included as one of the issues for resolution in the case. See Pre-Trial Order dated May 22, 2006; records, p. 89.
50 Article 172. The filiation of legitimate children is established by any of the following:(1) The record of birth appearing in the civil register or a final judgment; or
(2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.
In the absence of the foregoing evidence, the legitimate filiation shall be proved by:
(1) The open and continuous possession of the status of a legitimate child; or
(2) Any other means allowed by the Rules of Court and special laws.
51 See Makati Shangri-La Hotel and Resort, Inc. v. Harper, 693 Phil. 596, 615 (2012), citing Heirs of Conti v. CA, 360 Phil. 536, 548-549 (1998).
52 Article 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent. (Emphasis supplied)
53 See Heirs of Roldan v. Heirs of Roldan, G.R. No. 202578, September 27, 2017, citing Makati Shangri-La Hotel and Resort, Inc. v. Harper, supra note 51, at 616.
54 See Heirs of Roldan v. Heirs of Roldan, id., citing Fernandez v. CA, 300 Phil. 131, 137 (1994), which referred to the earlier ruling in Berciles v. Government Service Insurance System, 213 Phil. 48, 72-73 (1984).
55Cabatania v. CA, 484 Phil. 42, 51 (2004), citing Macadangdang v. CA, 188 Phil. 192, 201 (1980).
56Heirs of Roldan v. Heirs of Roldan, supra note 53.
57 See Go Kim Huy v. Go Kim Huy, 417 Phil. 822, 832 (2001).
58Heirs of Cabais v. CA, 374 Phil. 681, 688 (1999).
59Board of Commissioners v. dela Rosa, 274 Phil. 1156, 1228-1229 (1991).
60 TSN (Vol. 2), July 13, 2009, p. 7.
61 Records, p. 228.
62 Juan is the son of Isidra (see rollo, p. 62), who is admittedly a child of Marcelino (see records, p. 87 and TSN [Vol. 1], January 22, 2007, p. 6).
63 See TSN (Vol. 1), January 22, 2007, p. 19.
64 See TSN (Vol. 1), April 28, 2008, p. 19.
65 See Formal Offer of Plaintiffs' Documentary Exhibits; records, p. 239.
66 Id. at 126 and 151.
67 Id. at 228.
68 The respective boundaries are as follows:
TD No. 6618 (id. at 126 and 152) unnotarized deed of sale (id. at 228) North – Public Land Parte ha Amihanan – tuna ni Agaton Baldo East – Agaton Baldo Parte ha Senerangan – tuna ni Agaton Baldo South – Rafaela Paller Parte ha Salatanan – tuna ni Marcos Paller West – Quirina Paller Parte ha Natondanan – tuna ni Marcos Paller
69 Not attached to the records.
70 See TSN (Vol. 2), July 26, 2010, pp. 8-9.
71 Records, p. 365.
72 Id. at 511. Effective 1949; see id., reverse portion.
73 Id. at 517.
74 Id. at 126 and 512. Effective 1974; see id., reverse portion.
75 Id. at 518.
76 Id. at 513. Effective 1980; see id., reverse portion.
77 Id. at 519.
78 Id. at 514. Effective 1985; see id., reverse portion.
79 Erroneously reflected as 26,125 sq. m. in the TSN. See TSN (Vol. 2), July 26, 2010, p. 11.
80 See TSN (Vol. 2), July 26, 2010, p. 10. Under general revision in 1993; see records, p. 514.
81 See TSN (Vol 2), July 26, 2010, p. 10. See also TSN (Vol. 2), July 6, 2011, p. 3.
82 See TSN (Vol. 1), January 22, 2007, p. 19.
83 Demetria testified that "Ambrosio" is the real name, and that "Marcos" is the pen name; see TSN (Vol. 1), April 28, 2008, p. 18.
84 Section 1 of Commonwealth Act No. 142, entitled "AN ACT TO REGULATE THE USE OF ALIASES" (November 7, 1936), provides:Section 1. Except as a pseudonym for literary purposes, no person shall use any name different from the one with which he was christened or by which he has been known since his childhood, or such substitute name as may have been authorized by a competent court. The name shall comprise the patronymic name and one or two surnames.
85 Demetria testified that the land they are claiming has the following boundaries:
North – Miguel Paller (not her brother but her cousin)
East – Rafaela Paller
South – Quirina Paller
West – Agaton Baldo (see TSN [Vol. 1], April 28, 2008, p. 19)
86 While the claimed acquisition (through the unnotarized deed of sale) was in 1959, the earliest tax receipt presented was Official Receipt (OR) No. 1283740 dated May 20, 1989, and pertained to tax payments for the years 1985 to 1986 of the property covered by TD No. 16360; see records, p. 224.
87 See Formal Offer of Plaintiffs' Documentary Exhibits; id. at 239.
88 Notably, OR No. 1283740 dated May 20, 1989 for the years 1985 to 1986, and OR No. 1120774 dated January 20, 1992 for the years 1987 to 1991 pertained to payment for the property covered by TD No. 16360, not TD No. 16361 covering the subject land (see id. at 224-225). OR No. 5430039 dated February 26, 1996 for the year 1994 pertained to payment for the property covered by TD No. CN-160329 (see id. at 223). The payments for the years 2005, 2006, and 2007 were for the land covered by TD No. CN02-160229 (see id. at 220-222 and 229-230).
89 See TSN (Vol. 2), January 11, 2012, p. 5.
90 See TSN (Vol. 2), July 4, 2012, pp. 2-3.
CAGUIOA, J.:
I concur in the result.
Since the Court has ruled that the baptismal certificate of Ambrosio Paller (Ambrosio), respondents' father, cannot be considered by itself as competent proof of the claimed filiation with Marcelino Paller, respondents' alleged grandfather and Ambrosio's alleged father, and that respondents failed to prove the identity of the land they are seeking to recover, I take the view that the resolution of the issue of whether a special proceeding for declaration of heirship is necessary before the trial court can resolve the issue of ownership is superfluous. I reserve my opinion on whether a declaration of heirship can only be made in a separate special proceeding is the rule. I submit that a review of relevant jurisprudence shows that the real rule is that the heirs' rights become vested without need for them to be declared as such in a separate special proceeding — pursuant to Article 7771 of the Civil Code — which I will expound on more in an appropriate case wherein such issue is determinative of its disposition.
Endnotes:
1 Article 777 of the Civil Code provides: "The rights to the succession are transmitted from the moment of the death of the decedent."