G.R. No. 114275 - IÑIGO F. CARLET, AS SPECIAL ADMINISTRATOR OF THE ESTATE OF PABLO SEVILLO AND ANTONIA PALISOC, VS. HON. COURT OF APPEALS, VIRGINIA C. ZARATE, JACOBO C. ZARATE, VICTORIA C. ZARATE, HON. CONRADO DIZON, ACTING JUDGE OF THE MUNICIPAL TRIAL COURT OF BIñAN, LAGUNA, AND DEPUTY SHERIFF ROGE

Ruling

WHEREFORE, in view of the foregoing considerations, judgment is hereby rendered declaring the deed of sale entitled Bilihang Patuluyan ng Bahagi ng Isang Lupang Panahanan purportedly executed by Candida Baylo on August 25, 1971, acknowledged before Notary Public Apolinario S. Escueta and entered in his notarial register as Doc. No. 124, Page No. 16, Book No. IV, Series of 1971, as null and void and of no force and effect, and the representative of the estate of the plaintiff Cirila Baylo Carolasan and the defendants Gregorio Sevillo, Samero Sevillo, Maltin Sevillo, Andrea Sevillo and Isidro Zamora, as the surviving spouse of Consolacion Sevillo, are hereby ordered to partition Lot No. 981 of the Biñan Estate, situated in Tubigan, Biñan, Laguna if they are able to agree among themselves by proper instruments of conveyance, within 30 days from the finality of this decision, which shall be confirmed by this Court, otherwise, commissioners will be appointed to make the partition. The defendants Gregorio Sevillo and Samero Sevillo are hereby jointly and severally ordered to pay plaintiffs substituted heirs of the late Cirila Baylo Carolasan, namely, Virginia C. Zarate, of Brgy. Real, Calamba, Laguna, Jacobo C. Zarate, Victoria C. Zarate, Nemesio C. Zarate, Dominador C. Zarate and Elvira C. Zarate, all of Brgy. Tubigan, Biñan, Laguna, the sum of P3,000.00 for attorneys fees and the sum of P2,000.00 for litigation expenses aside from costs of suit. The decision having become final and executory, a writ of execution was issued on November 10, 1982. Lot 981 was surveyed and subdivided into six lots, one lot having an area of 452.04 square meters, four lots with 86.49 square meters each and one lot with 66 square meters as footpath or concession to a right of way. [2] By virtue of this adjudication, private respondents Zarate procured TCT Nos. T-163388 and T-163393 over their share in the property. The losing parties in that case, the Sevillos, filed a case to annul the aforesaid decision of the trial court in Civil Case No. B-1656 before the then Intermediate Appellate Court (CA-G.R. SP No. 07657) alleging lack of jurisdiction based on service of summons on unauthorized counsel. On March 31, 1986, the appellate court granted the Zarates motion to dismiss the case on the ground of res judicata. The Supreme Court denied the petition for review filed by the Sevillos for lack of merit on September 8, 1986 in G.R. No. 74505. [3] On May 6, 1983, private respondents, the Zarates, filed Civil Case No. 2375, an ejectment suit against the Sevillos before the Municipal Trial Court of Biñan. [4] The municipal court ruled in favor of plaintiffs and ordered defendants below, to immediately vacate the subject property and remove their houses thereon and to pay rental in arrears, damages, attorneys fees and litigation expenses. [5] Writs of execution and demolition were issued by the court. Defendants filed a motion for reconsideration but before said motion could