G.R. No. 173636 - HEIRS OF JOSE MA. GEPUELA, VS. HERNITA MEÑEZ-ANDRES, ET AL..[G.R. No. 173770] HERNITA MEÑEZ-ANDRES AND NELIA MEÑEZ CAYETANO, REPRESENTED BY THEIR DULY-APPOINTED ATTORNEY-IN-FACT ANGELITO MEÑEZ, VS. HEIRS OF JOSE MA. GEPUELA.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, Basilia's estate, through Administratrix Luz, executed a Deed of Sale [14] and Waiver of Redemption [15] over the share, subject to the following conditions: 1) Gepuela should obtain court approval of the sale; and 2) Gepuela should inform all heirs of the sale formally in writing. After the expiration of the periods to redeem, Gepuela filed an action to consolidate his ownership over the 36/72 pro indiviso share he acquired by way of redemption from Basilia's estate. This was docketed as LRC Case No. R-3855 and assigned to Branch 166 of the Regional Trial Court of Pasig. The other registered co-owners Isagani, Perfecto, Jr., Pedrito, and Vito (Isagani, et al.) opposed this action, raising Gepuela's lack of standing to redeem given that he is not a co-owner of Basilia's one-half portion. In a Decision [16] dated December 6, 1989, the trial court granted Gepuela's petition, declared him the owner of Basilia's 36/72 pro indiviso share in the parcel of land covered by TCT No. 95524 and ordered the issuance of a new certificate of title to reflect this change in ownership. [17] Aggrieved, oppositors Isagani, Perfecto, Jr., Pedrito, Vito and Alberto appealed the trial court's Decision to the CA, docketed as CA-G.R. CV No. 25605. In a Decision [18] dated January 31, 1992, the CA, however, affirmed the trial court's findings. The CA's Decision in CA GR. CV No. 25605 was not appealed and became final and executory on February 26, 1992. [19] TCT No. 5033-R was issued that same year, reflecting Gepuela's ownership of the 36/72 pro indiviso share previously owned by Basilia. [20] The proceedings covering Basilia's estate were, per motion of her heirs, ordered closed on February 15, 1996. [21] The record also shows that Gepuela filed a case, docketed as SCA No. 302 with Branch 159 of the Regional Trial Court of Pasig, for the partition of the property covered by TCT No. 5033-R. [22] The lower court rendered a decision ordering the partition of the property. TCT No. 5033-R was cancelled and several titles were issued covering the respective shares of Gepuela, Isagani, Perfecto and Pedrito, and Vito Cruz in the property. [23] In the meantime, or on October 10, 1995, Basilia's grandchildren Hernita and Nelia filed a Complaint for Redemption and Consignation with Damages [24] and a subsequent Amended Complaint for Declaration of Nullity of Redemption, Cancellation of Notation in Title, and Consignation with Damages [25] against Gepuela. This was docketed as Civil Case No. 65327 and raffled to Branch 67 of the Regional Trial Court of Pasig City. In their complaint, Hernita and Nelia alleged, among others, that: 1) Gepuela's redemption was null and void as he not being an heir, legatee/devisee, co-owner or creditor) did not have the legal personality to redeem the share; [26] and 2) Hernita and Nelia sent notices to Gepuela informing him of their intent to recover their interest in Basilia's 36/72 pro indiviso share and to tender payment of the redemp