G.R. No. 149570 Case Digest

G.R. No. 149570, March 12, 2004

Heirs of Rosendo Florencio

vs Heirs of Teresa De Leon

Ponente: Callejo

Facts:

De Leon owned a residential lot in Bulacan, on which she allowed spouses Florencio to construct a house and stay therein without rentals. In 1996, De Leon, with the consent of her husband leased the land to Bienvenido Santos as long as De Leon had an outstanding loan with Dev. Bank of QC but not to exceed the period of 15 years. De Leon assigned her leasehold right in favor of the bank. Thereafter, Santos constructed a house thereon.

1978, De Leon, then a widow, died intestate. Her heirs allowed Florencio to continue staying in the property. In 1995, the heirs of De Leon sent a letter to the heirs of Florencio demanding them to vacate the property within 90 days. The heirs of Florencio refused to vacate.

The heirs of De Leon thereafter filed a complaint for ejectment. They alleged that they were the pro-diviso owners of the land which they inherited from their mother. They alleged also that their mother allowed Florencio and his family to occupy the property without any compensation subject to the condition that they shall vacate the same upon demand.

As answer, the heirs of Florencio alleged that the plaintiffs had no cause of action against them because Teresa De Leon donated the land in favor of their predecessor Rosendo Florencio in 1976. The deed was witnessed by some people and was notarized.

The heirs of De Leon also filed a complaint to eject the heirs of Santos. But the heirs of Santos refused to do so, alleging that they did not occupy the land by mere tolerance but on the basis of contract of lease. For the heirs of Santos, only the heirs of Florencio had the right to cause their eviction by reason of the deed of donation.

The two cases were consolidated, then the court ordered the heirs of Florencio to produce the original deed of donation. The heirs of Florencio failed to submit the original, but have submitted a photocopy of the same.

MTC: dismissed the cases for lack of jurisdiction upon finding that the issue in on ownership of the land.

RTC: reversed the decision of MTC. MTC has jurisdiction over ejectment cases. The case was brought back to the MTC.

MTC: favored the heirs of Santos and Florencio for lack of evidence to prove bad faith.

The decision was appealed in the RTC. RTC reversed the decision of the MTC and ordered heirs of Santos and Florencio to vacate the land and pay litigation fees and rents (deed of donation is insufficient).

The decision was appealed in the CA. CA dismissed the petition for review and affirmed the RTC for the following reasons: (1) the deed of donation is not annotated in the title of the land. (2) Real taxes on the property were paid in the name of De Leon. (3) Although the deed was notarized, there is no indication of its existence in notarial record of Atty. Manguiat who notarized it. (4) The signature of De Leon on the deed of sale can easily be done by anyone. (5) There is no explanation why the defendants failed to register the donation in order to get a new title.

Heir of Florencio then petitioned against the decision of the CA saying (a) that donation is one of the modes of acquiring ownership.  (b) And the donation was notarized, making it a public document and (c) they have possessed the property openly, publicly and against the whole world and (d) the signature must be presumed to be genuine and (e) their failure to register the donation is not a requisite to the validity of the donation.

Issue: whether or not the petitioners, as heirs of Rosendo Florencio, who appears to be the donee under the unregistered Deed of Donation, have a better right to the physical or material possession of the property over the respondents, the heirs of Teresa de Leon, the registered owner of the property.

Ruling:

Petition has no merit.

Donation is one of the modes of acquiring ownership. In this case, the donation was valid. However, there are cogent facts and circumstances of substance which engender veritable doubts as to whether the petitioners have a better right of possession over the property other than the respondents, the lawful heirs of the deceased registered owner of the property, Teresa de Leon, based on the Deed of Donation.

(1) The intention of the donation was questioned because the donee did not have the copy of the duplicate of title, or at the very least, they should have registered the donation.

(2) Florencio failed to inform the heirs of De Leon that De Leon executed the deed of donation in 1976 in his favor.

(3) Respondents consistently paid the real taxes.

(4) Their possession of the owner’s duplicate of the title would have fortified their claim that indeed, De Leon had intended to convey the property by donation to Florencio.

(5) Petitioners failed to adduce in evidence Atty. Manguiat’s counter-affidavit to the said complaint, or, at the very least, a separate affidavit explaining the facts and circumstances surrounding the notarization of the deed of donation.

(6) Mayor, at the time of the donation, did not affixed his signature.