Heirs of Florencio v. Heirs of De Leon
REITERATIONFacts
The Antecedents: Teresa Sevilla de Leon owned a 828 sq.m. residential lot in San Miguel, Bulacan under TCT No. T-44349. In the 1960s, she allowed spouses Rosendo and Consuelo Florencio to build and occupy a house thereon rent-free by mere tolerance. On September 26, 1966, De Leon leased the lot to Bienvenido Santos for P5/month tied to her loan with Second Quezon City Development Bank, max 15 years, annotated on title; Santos built a house. De Leon died intestate in November 1978; her heirs permitted Florencio to stay per her wishes. Florencio died intestate in March 1995; his heirs (petitioners) continued occupancy. On April 26, 1995, De Leon's heirs (respondents, rep. by Valeriana Morente) demanded vacation within 90 days, refused. Petitioners claim a October 1, 1976 Deed of Donation from De Leon to Florencio (notarized by Atty. Tirso Manguiat, witnessed by Patria Manotoc and Morente), accepted by Florencio; they possessed as owners thereafter, attempted registration coordinated with Jose de Leon (admin) until his 1991 death. Heirs of Santos claim lease, then sub-tolerance from Florencio post-donation. Procedural History: Respondents filed separate ejectment complaints (Civ. Cases Nos. 2061 vs. Florencio heirs; 2062 vs. Santos heirs) before MTC San Miguel, Bulacan, alleging tolerance possession, 1995 demand. Defendants answered invoking donation/lease. Consolidated; position papers; plaintiffs moved for original deed production—only photocopy submitted. Plaintiffs evidenced TCT, demands, falsification complaints vs. Florencio/Manguiat, signature specimens (passports), death cert of witness Manotoc, certification no notarial record for deed, tax receipts in De Leon's name. MTC Dec. 3, 1996 dismissed for lack of jurisdiction (ownership issue). RTC Br. 83 reversed, remanded. MTC amended Aug. 27, 1999 decision favored Florencio heirs (better possession). RTC Br. 20 June 5, 2000 reversed again: ordered vacation, rentals from Apr 1995, attys fees; deed unreliable (unregistered, no tax payment, signatures differ, no notarial record). CA May 28, 2001 affirmed (SP Nos. 59698-99), denied MR. The Petition: Petitioners assail CA/RTC errors: presumption of regularity in notarized donation (public doc, valid inter vivos); no conclusive forgery proof; variance in signatures insufficient; certification not conclusive; failure to register irrelevant as not validity requisite; open adverse possession 40+ years; their right from 1976 vs. respondents' 1978. Respondents counter: no original deed; notarial cert disproves; forgeries (signatures); unregistered despite 20 years; title/taxes in De Leon; no owner's duplicate surrender.
Issue(s)
Whether petitioners (Florencio heirs) have a better right to de facto possession via the alleged 1976 Deed of Donation over respondents (De Leon heirs, registered owners), considering the evidence of ownership and possession presented by both parties. Whether the notarized deed suffices as credible proof of a valid donation conferring superior possession in ejectment, considering its facial validity, evidence of irregularities, and the implications of non-registration.
Ruling
Petition DENIED. RTC and CA Decisions AFFIRMED: Florencio heirs to vacate premises (TCT T-44349), pay P2,000/month rentals from April 1995, P10,000 attorney's fees.
Ratio Decidendi
On Issue 1 (Better Right to Possession): Ejectment resolves only de facto possession; ownership pronouncements provisional (Sec. 17, Rule 70; Amagan v. Marayag, 326 SCRA 581; Olan v. CA, 314 SCRA 273). Respondents as heirs of registered owner (TCT T-44349) hold indefeasible title/right to possess (Art. 428, Civil Code; Retuerto v. Barz, 372 SCRA 712). Petitioners' tolerance possession became unlawful post-demand (1995). Donation (Art. 712) perfects title upon acceptance knowledge (Quilala v. Alcantara, 371 SCRA 311), but doubts abound: 20-year inaction post-1976 despite precarious stay; no annotation (binding on heirs/thirds, Cheng v. Genato, 300 SCRA 722); no owner's duplicate surrender (PD 1529, Sec. 53 imperative for new TCT); no notice to De Leon heirs pre-1996 suit (18 years post-death); no tax payments by donee (consistent De Leon payments 1978-1996 via caretaker); failed registration claim unsubstantiated (no evidence 1978-1991 efforts post-Jose de Leon death). These 'cogent facts' negate better right, favoring registered owners. On Issue 2 (Deed's Credibility): Facial validity (public doc, Art. 749; animus donandi via patrimony shift) presumed regular (notarization), but rebutted: no original produced; signatures dissimilar (De Leon, witnesses vs. passports spanning 30 years); no notarial record (Manila Archives Cert., Exh. L; Rule 132, Sec. 30 presumption overcome); execution Bulacan notarized Manila same-day improbable; page 1 oath before Mayor Aure unsigned, page 2 different typewriter notary; witnesses' contradictions (Morente's falsification complaint; Manotoc deceased). Non-registration weakens (though not invalidating, Cabrera v. CA, 276 SCRA 339; Gonzales v. CA, 358 SCRA 598), especially vs. third-party heirs; inaction inconsistent with ownership attributes. Deed unreliable; tolerance possession yields to owners' demand.
Main Doctrine
Donation is a mode of acquiring ownership requiring, for immovables, a public document under Article 749 of the Civil Code, with acceptance in the same or separate public instrument notified to the donor, perfected upon donor's knowledge thereof. While registration of the deed is not essential for validity between parties, failure to annotate or register it on the Torrens title, coupled with non-delivery of the owner's duplicate certificate, non-payment of realty taxes by the donee, and prolonged inaction spanning nearly two decades, raises insurmountable doubts on the deed's authenticity and the donor's intent. In ejectment proceedings, the sole issue is de facto possession, where the registered owner's heirs hold superior right unless claimants prove better entitlement through credible evidence overcoming the indefeasible nature of Torrens title. Notarization enjoys a presumption of regularity, but this is rebutted by certifications disproving notarial entries, signature dissimilarities, and circumstantial improbabilities like execution in Bulacan notarized in Manila same-day without record. Thus, possession by tolerance ripens into unlawful detainer upon demand to vacate, entitling owners to recovery with rentals, attorney's fees.