G.R. No. 146341 - AQUILA LARENA JOINED BY HER HUSBAND, CANDIDO MERCADERA, VS. FRUCTUOSA MAPILI, JOSE MAPILI AND ROSELA VENELES.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, foregoing premises considered, the appeal, devoid of merit in fact and in law is hereby ordered DISMISSED , and the judgment of the Trial Court AFFIRMED IN TOTO , with costs against [petitioners]." [4] The assailed Resolution denied petitioners' Motion for Reconsideration. The Facts The appellate court, quoting the Decision [5] of the Regional Trial Court (RTC) of Dumaguete City (Branch 30), summarized the facts of the case as follows: "`The record shows that Hipolito Mapili during his lifetime owned a parcel of unregistered land situated at Balabag, Valencia, Negros Oriental which was declared for taxation purposes in his name under Tax Declaration No. 1419 described as follows: `A parcel of unregistered land situated at Balabag, Valencia, Negros Oriental. Bounded on the North by Apolonia Mapili 37.00; on the South by the Provincial Road 41.00; on the East by Perfecto Ozoa 11.00; on the West by Emeliana 16.40. Containing an area of Five Hundred Thirty Four (534) square meters more or less.' `Hipolito Mapili died and was buried on July 14, 1934. He was survived by his only son, Magno Mapili and daughters Julia, Azucena, Anatolia and Abundia. These daughters have since died without issue. Magno Mapili died in 1944 survived by his widow, Rosela Veneles, and children Fructuosa, Jose, Generosa and Pantaleona. `Under date of October 28, 1949, Filomena [6] Larena executed an Affidavit of Transfer of Real Property involving the property covered by Tax Declaration No. 1419, alleging that she bought the property from Hipolito Mapili. After the death of Filomena, Aquila Larena, her niece[,] took possession of the property[,] claiming that she bought the same from her said aunt. `Plaintiffs Fructuosa Mapili, Jose Mapili and Rosela Veneles are suing Aquila Larena, the successor in interest of Filomena Larena[,] impleading Candido Mercadera, Aquila's husband, [as] co-defendant. Defendants Generosa Mapili-Bahandi and Pantaleona Mapili, sisters of [p]laintiffs[,] were impleaded as co-defendants for being unwilling co-plaintiffs. Defendant Rural Bank of Valencia, Inc. [7] was also sued as the banking institution from [which] defendant Aquila Larena obtained a loan using OCT No. FV-30714 of the property in question as collateral. `Plaintiffs' [C]omplaint alleged that Filomena Larena falsely stated in her Affidavit of Transfer of Real Property (Exh. `B') that Hipolito Mapili sold the property to her on October 28, 1949[,] which Hipolito Mapili could not have done because he was already dead at that time (Exhibit `C'). `Defendants' Answer contends that Filomena Larena lawfully acquired the said property from Hipolito Mapili in a private document of sale which got lost during the last World War. By reason of the sale, Magno Mapili and his family had to move out of the land [allowing] [8] Filomena Larena to take possession thereof as owner. Filomena Larena then sold the property to defendant Aquila Larena on February 17, 1968. Defendant Aquila Larena [attr