Arsenio Tabasondra, et
al. vs. Sps. Conrado Constantino, et al.
G.R. No. 196403.
December 7, 2016
Facts
The parties herein were
the children of the late Cornelio Tabasondra from two marriages. The
respondents Tarcila Tabasondra-Constantino and the late Sebastian
Tabasondra were the children of Cornelio by his first wife, Severina;
the petitioners, namely: Arsenio Tabasondra, Fernando Tabasondra,
Cornelio Tabasondra, Jr., Mirasol Tabasondra-Mariano, Fausta
Tabasondra-Tapacio, Myrasol Tabasondra-Romero, Marlene
Tabasondra-Maniquil, and Guillermo Tabasondra, were children of
Cornelio by his second wife, Sotera.
Valentina, and
Valeriana, all surnamed Tabasondra. were siblings. They were also the
registered owners of the three (3) parcels of land located at
Dalayap, Tarlac City, identified as Lot No. 2536, containing an area
of seventy-seven thousand one hundred and forty-seven (77,147) sq.
m.; Lot No. 3155, with an area of thirteen thousand six hundred
fifty-nine (13,659) sq. m.; and, Lot No. 3159, with an area of nine
thousand five hundred forty-six (9,546) sq. m., covered by Transfer
Certificate of Title (TCT) No. 106012.
Cornelio died on March
15, 1991, while Valentina and Valeriana both died single on August
19, 1990 and August 4, 1998, respectively. They all died intestate
and without partitioning the property covered by TCT No. 106012.
Thus, the Plaintiffs-Appellees and the Defendants-Appellants, as
descendants of Cornelio, possessed and occupied the property.
On August 22, 2002, the
Plaintiffs-Appellees filed the complaint below against the
Defendants-Appellant claiming that the parcels of land are owned in
common by them and the Defendants-Appellants but the latter does not
give them any share in the fruits thereof. Hence, they asked for
partition but the Defendants-Appellants refused without valid
reasons.
In their Answer, the
Defendants-Appellants averred that they do not object to a partition
provided that the same should be made only with respect to Cornelio'
s share. They contended that they already own the shares of Valentina
and Valeriana in the subject land by virtue of the Deed of Absolute
Sale that the said sisters executed in their favor on August 18,
1982.
The RTC rendered a
judgment in favor of the plaintifft, ordering [the] partition of the
three (3) parcels of land covered by TCT No. 16012 among the
compulsory and legal heirs of Cornelio, Valentina[,] and Valeriana,
all surnamed Tabasondra.
On November 30, 2010,
the CA promulgated the decision affirming the RTC with modification
in that the partition and the accounting is ordered to be made only
with respect to a thirty-three thousand four hundred fifty point
sixty-six (33,450.66) sq.m. portion of the property.
Issue
Whether the CA correctly
ordered the partition and accounting with respect to only 33,450.66
square meters of the property registered under TCT No. 10612.
Ruling
Yes. There is no
question that the total area of the three lots owned in common by
Cornelio, Valentina and Valeriana was 100,352 square meters; and that
each of the co-owners had the right to one-third of such total area.
It was established that Valentina and Valeriana executed the Deed of
Absolute Sale, whereby they specifically disposed of their shares in
the property registered under TCT No. 10612 in favor of Sebastian
Tabasondra and Tarcila Tabasondra.
The Court upheld the
right of Valentina and Valeriana to thereby alienate .. their pro
indiviso shares to Sebastian and Tarcila even without the knowledge
or consent of their co-owner Cornelio because the alienation covered
the disposition of only their respective interests in the common
property. According to Article 493 of the Civil Code, each
co-owner "shall have the full ownership of his part and of the
fruits and benefits pertaining thereto, and he may therefore
alienate, assign or mortgage it, and even substitute another person
in its enjoyment, except when personal rights are involved," but
"the effect of the alienation or the mortgage, with respect to
the co-owners, shall be limited to the portion which may be allotted
to him in the division upon the termination of the co-ownership."
Hence, the petitioners as the successors-in-interest of Cornelio
could not validly assail the alienation by Valentina and Valeriana of
their shares in favor of the respondents.
The SC affirmed the CA's
ruling that there is no denying that the RTC erred in granting the
complaint and ordering a partition without qualifying that such
should not include the shares previously pertaining to Valeria and
Valentina. Simply put, since the aggregate area of the subject
property is one hundred thousand three hundred fifty-two (100,352)
sq.m., it follows that Cornelio, Valentina, and Valeriana each has a
share equivalent to thirty-three thousand four hundred fifty point
sixty-six (33,450.66) sq. m. portion thereof. Accordingly, when
Valentina and Valeriana sold their shares, the Defendants-Appellants
became co-owners with Cornelio. Perforce, upon Cornelia's death, the
only area that his heirs, that is, the Plaintiffs-Appellees and the
Defendants-Appellants, are entitled to and which may be made subject
of partition is only a thirty three thousand four hundred fifty point
sixty-six (33,450.66) sq.m. portion of the property.
As a result of Valentina
and Valeriana's alienation in favor of Sebastian and Tarcila of their
pro indiviso shares in the three lots, Sebastian and Tarcila became
co-owners of the 100,352-square meter property with Cornelio (later
on, with the petitioners who were the successors-in-interest of
Cornelio). In effect, Sebastian and Tarcila were co-owners of
two-thirds of the property, with each of them having one-third pro
indiviso share in the three lots, while the remaining one-third was
co-owned by the heirs of Cornelio, namely, Sebastian, Tarcila and the
petitioners.
Although the CA
correctly identified the co-owners of the three lots, it did not
segregate the 100,352-square meter property into determinate portions
among the several co-owners.
Accordingly, there is a
need to remand the case to the court of origin for the purpose of
identifying and segregating, by metes and bounds, the specific
portions of the three lots assigned to the co-owners, and to effect
the physical partition of the property in the following proportions:
Tarcila, one-,, third; the heirs of Sebastian, one-third; and the
petitioners (individually), along with Tarcila and the heirs of
Sebastian (collectively), one-third. That physical partition was
required, but the RTC and the CA uncharacteristically did not require
it. Upon remand, therefore, the R TC should comply with the express
terms of Section 2, Rule 69 of the Rules of Court.
Should the parties be
unable to agree on the partition, the next step for the R TC will be
to appoint not more than three competent and disinterested persons as
commissioners to make the partition, and to command such
commissioners to set off to each party in interest the part and
proportion of the property as directed in this decision.
WHEREFORE, the
Court AFFIRMS WITH MODIFICATION the decision of the Court of
Appeals promulgated on November 30, 2010 in CA-G.R. CV No. 92920 in
that the accounting is to be made only with respect to the fruits of
the one-third portion of the property still under the co-ownership of
all the parties; REMANDS the case to the Regional Trial Court,
Branch 64, in Tarlac City for further proceedings in accordance with
•this decision, and to determine the technical metes and bounds and
description of the proper share of each co-owner of the property
covered by Transfer Certificate of Title No. 10612, including the
improvements thereon, in accordance with the Civil Code and Rule 69
of the Rules of Court; and ORDERS the petitioners to pay the
costs of suit.
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