Secuya v. Vda. de Selma

G.R. No. 136021 · 2000-02-22 · J. PANGANIBAN, J.: · Primary: Civil; Secondary: Remedial
REITERATION

Facts

The Antecedents: This case originated from an action for quieting of title filed by the petitioners, the Secuya siblings, against the respondent, Gerarda M. Vda. de Selma. The petitioners claimed ownership over a 3,000-square-meter portion of Lot 5679, which they asserted was inherited from their predecessor-in-interest, Dalmacio Secuya. They alleged that respondent Selma's claim and title to the land constituted a cloud on their own ownership and possession. Procedural History: The Regional Trial Court (RTC) of Cebu City dismissed the petitioners' complaint for quieting of title, cancellation of title, and damages. The RTC ordered the petitioners to vacate the premises and pay moral damages, attorney's fees, and litigation expenses to the respondent. The Court of Appeals (CA) affirmed the RTC's decision in its entirety, finding no error in the trial court's judgment. The CA subsequently denied the petitioners' motion for reconsideration. The Petition: The petitioners seek review of the CA's decision and resolution, arguing that the CA committed grave abuse of discretion. They raise two main issues: first, the validity of the transfer of one-third of Lot 5679 from Maxima Caballero to Paciencia Sabellona via an Agreement of Partition dated January 5, 1938; and second, whether respondent Selma was a buyer in bad faith. The petitioners anchor their claim on this agreement and a subsequent deed of confirmation of sale, while the respondent relies on her Transfer Certificate of Title derived from a series of legitimate transactions.

Issue(s)

Whether the Agreement of Partition dated January 5, 1938, constituted a valid transfer or conveyance of one-third (1/3) portion of Lot 5679 by Maxima Caballero in favor of Paciencia Sabellona, and the implications of its non-registration and subsequent actions by Maxima's heirs. Whether respondent Gerarda M. vda. de Selma was a buyer in bad faith, considering petitioners' alleged possession and the absence of annotation on the title, and whether petitioners sufficiently proved actual knowledge to overcome Selma's registered title. Whether petitioners have the requisite title to maintain an action for quieting of title, considering the validity of the purported sale to Dalmacio Secuya, the Deed of Confirmation of Sale, and their failure to exercise owners' rights.

Ruling

The Petition is denied, and the assailed Decision of the Court of Appeals is affirmed. Costs are against the petitioners.

Ratio Decidendi

On the nature of the "Agreement of Partition" and its validity: The Court found that the "Agreement of Partition" dated January 5, 1938, was not a partition but an express trust. Maxima Caballero bound herself to transfer one-third of Lot 5679 to Paciencia Sabellona upon approval of her application. However, Maxima's heirs later sold the entire lot to a third party without transferring the portion to Paciencia, effectively repudiating the trust. The agreement was also not registered, thus not binding on third persons. On the validity of Private Respondent's Title and the issue of good faith: The Court held that respondent Selma's title was adequately supported by clear evidence, including TCT No. T-35678. While petitioners alleged Selma had actual knowledge of their possession, Selma was assured by her vendor that petitioners were mere tenants. The Court noted that petitioners' claim was not annotated on the title, and the property had undergone several sales transactions without protest from petitioners. The exception to the Torrens system's protection (actual knowledge of facts that would impel inquiry) was not sufficiently proven to overcome Selma's registered title. On the requisite title for an action for quieting of title, the purported sale, and failure to exercise owners' rights: The Court reiterated that in an action to quiet title, plaintiffs must demonstrate legal or equitable title to, or an interest in, the subject real property. They must also show that the instrument, record, claim, encumbrance, or proceeding casting a cloud on their title is invalid or inoperative. Petitioners failed to establish their requisite title, anchoring their claim on an Agreement of Partition and a Deed of Confirmation of Sale, neither of which sufficiently proved their ownership. Even if the trust subsisted, petitioners failed to prove they were rightful successors-in-interest. The alleged private deed of sale from Paciencia to Dalmacio Secuya was not presented, allegedly lost. While a private deed is binding between parties, it is not binding on third persons if not in a public instrument and recorded. The Deed of Confirmation of Sale executed by Ramon Sabellona, Paciencia's alleged heir, had doubtful probative value as his status as heir was not established, and he was not presented in court. The Court observed that petitioners failed to prove they exercised their rights and duties as owners, such as paying land taxes, despite claiming possession for forty-seven years. Their inaction in enforcing their alleged proprietary rights further weakened their claim.

Main Doctrine

In an action for quieting of title, the plaintiff must show not only that there is a cloud or contrary interest over the subject real property, but that they have a valid title to it. Failure to establish the requisite title necessitates the dismissal of the complaint.

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