VS. SPOUSES AMADEO APACIONADO AND HERMINIA STA. ANA.

Ruling

WHEREFORE, it is respectfully prayed of the Honorable Court that judgment issue in the case: 1. Declaring them (plaintiffs) the true and absolute owners of the house and lot now covered by Tax Declaration No. 02-0368; 2. Declaring Tax Declaration No. 02-0368 in the name of defendant Renato Cenido as null and void and directing the Provincial Assessor of Rizal and the Municipal Assessor of Binangonan, Rizal to register and to declare the house and lot covered by the same in their names (plaintiffs) for purposes of taxation; 3. Ordering defendant to pay them in the least amount of P50,000.00 as and for moral damages suffered; 4. Ordering defendant to pay them the amount of P10,000.00 as and for attorney's fees; 5. Ordering payment by defendant of exemplary damages in such amount which the Honorable Court may deem just and equitable in the premises; 6. Ordering defendant to pay the costs of suit; and Plaintiffs pray for such other and further relief which the Honorable Court may deem just and equitable considering the foregoing premises." [5] Petitioner Cenido answered claiming that: (1) he is the illegitimate son of Bonifacio Aparato, the deceased owner of the subject property; (2) as Aparato's sole surviving heir, he became the owner of the property as evidenced by the cancellation of Tax Declaration No. 02-0274 in Bonifacio's name and the issuance of Tax Declaration No. 02-0368 in his name; (3) his ownership over the house and lot was also confirmed in 1985 by the Municipal Trial Court, Branch 1, Binangonan in Case No. 2264 which "adjudicated various claims involving the same subject property wherein plaintiffs were privy to the said case;" (4) that in said case, the Apacionado spouses participated in the execution of the compromise agreement partitioning the deceased's estate among his heirs, which agreement was adopted by the Municipal Trial Court as its judgment; (5) that the Apacionado spouses were allowed to stay in his father's house temporarily; (6) the mortgages on the property were obtained by his father upon request of the Apacionados who used the proceeds of the loans exclusively for themselves; (7) the real estate taxes on the property were paid for by his father, the principal, and the spouses were merely his agents; (8) the instrument attesting to the alleged sale of the house and lot by Bonifacio Aparato to the spouses is not a public document; (8) petitioner Cenido was never summoned to appear before the barangay for conciliation proceedings. [6] Respondent spouses replied that: (1) Cenido is not the illegitimate son of Bonifacio, Cenido's claim of paternity being spurious; (2) the ownership of the property was not the proper subject in Civil Case No. 2264 before the MTC, Branch I, nor were the spouses parties in said case. [7] The parties went to trial. Respondent spouses presented four (4) witnesses, namely, respondent Herminia Sta. Ana Apacionado; Rolando Nieves, the barangay captain; Norberto Aparato, the son of Gavino Aparato