G.R. No. 158015 - LAURA AND ERIBERTO BAUTISTA, VS. HON. COURT OF APPEALS AND FERNANDO MORELOS.DECISION - Supreme Court E-Library

Ruling

Accordingly, Transfer Certificate of Title No. 254843 was issued in the name of petitioner Laura Bautista. [4] Respondent Fernando Morelos, claiming to be the illegitimate child of Cesar Morelos with Angelina Lim-Gue, instituted a complaint for the declaration of nullity of sale and title with damages, docketed as Civil Case No. 83-17900, before the Regional Trial Court of Manila, Branch VII. At the trial, he presented testimonies of expert witnesses who claimed that the signature of Cesar Morelos on the Deed of Absolute Sale and the fingerprint appearing on his Residence Certificate were not his. [5] Petitioners countered that the Deed of Absolute Sale was valid. The witness to the Deed, Carmelita Marcelino, testified that she saw Cesar Morelos and petitioner Laura Bautista sign the same. [6] After hearing, the court a quo rendered judgment declaring the Deed of Sale dated April 5, 1982 executed between the late Cesar Morelos in favor of Laura Bautista valid, and dismissed for insufficient evidence the claims and counterclaims for damages of the parties. [7] Respondent appealed to the Court of Appeals, which reversed and set aside the judgment of the trial court. The dispositive portion of the CA decision reads: WHEREFORE, premises considered, the appealed decision is hereby REVERSED AND SET ASIDE. In lieu thereof, another one is entered declaring AS NULL AND VOID the Deed of Absolute Sale, dated April 5, 1982, executed between the late Cesar G. Morelos and defendant-appellee Laura R. Bautista. The Register of Deeds of Manila is DIRECTED to cause the cancellation of Transfer Certificate of Title No. 154043 in the name of defendant-appellee LAURA R. BAUTISTA and to issue another one in the name of the ESTATE OF CESAR G. MORELOS. Defendants-appellees are also directed to surrender possession of the disputed property to plaintiff-appellant. SO ORDERED.