G.R. NO. 157701 - SPOUSES DANILO AND ALBERTA DOMINGO, AND EDUARDO QUITEVES, VS. GUILLERMO REED.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the decision appealed from is REVERSED and SET ASIDE . "The deeds of sale executed by Lolita Reed in favor of [herein Petitioner-]spouses Danilo Domingo and Alberta Domingo and Eduardo Quiteves over portions of the subject property covered by TCT No. 58195 registered in the name of Lolita R. Reed, married to Guillermo Reed, are declared NULL and VOID. "The Register of Deeds of Pasig City is ordered to cancel TCT Nos. 84565 and 84567 issued in the names of [Petitioners] Eduardo Quiteves and spouses Danilo Domingo and Alberta Domingo, respectively, covering the portions of the subject property sold to them by Lolita Reed, and to reinstate TCT No. 58195 in the name of Lolita Reed, married to Guillermo Reed, insofar as the same covers the portions of the subject property sold to said [petitioners]." [4] The assailed Resolution denied petitioners' Motion for Reconsideration. The Facts The facts were summarized by the CA as follows: "[Respondent] Guillermo Reed was an overseas contract worker from 1978 to 1986 and came home only for short vacations. He purchased from the Government Service Insurance System [GSIS] on installment basis a 166 square meter property located at MRR Road, Mangahan, Pasig. Because he was working abroad, it was his wife, Lolita Reed, who paid the consideration to the GSIS. On July 9, 1986, TCT No. 58195 covering said property was issued by the Registry of Deeds for the Province of Rizal, Metro Manila District II in the name of Lolita Reed, married to Guillermo Reed. Guillermo Reed had allowed his brother, Dominador, and the latter's wife, Luz, to stay in the house constructed on his property. "In December, 1991, Dominador and Luz Reed were summoned to the barangay in connection with the complaint for ejectment filed against them by Eduardo Quiteves, who claimed to be the owner of the lot where their house stands. Dominador and Luz informed Guillermo of the complaint filed against them. Guillermo accompanied Dominador and Luz to the barangay, where they met Eduardo Quiteves and Alberta Domingo, who both claimed ownership of the subject property. Guillermo denied having sold his property. "In view of the claims of Eduardo Quiteves and Alberta Domingo that they bought the subject property, Guillermo Reed made a verification with the Register of Deeds of Pasig. Guillermo discovered that his title over the subject property had been cancelled and he was able to secure copies of the following documents, to wit: "1. Special Power of Attorney, dated July 8, 1986, allegedly executed by him authorizing his wife, Lolita Reed, to sell the subject property or a portion thereof; "2. Deed of Sale of a Portion of Residential Land, dated July 14, 1986, executed by Lolita Reed in favor of Danilo Domingo, married to Alberta Q. Domingo covering 41.50 square meter portion of subject property; "3. Absolute Deed of Sale of a Portion of Residential Land, dated July 22, 1987, executed by Lolita Reed, as vendor and attorney-in-fact of Guille