G.R. No. 221049 - RUFINO B. REQUINA, SR.+, DULY SUBSTITUTED BY ERLINDA K. REQUINA AND ALLAN EREÑO, DULY REPRESENTED BY LENY EREÑO, AS ATTORNEY-IN-­FACT, VS. ELEUTERIA B. ERASMO.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, petitioners sued respondent for Declaration of Nullity of Deed of Sale, with Prayer for a Better Right of Possession and Ownership over a Portion of Real Property, and Preliminary Injunction before the Regional Trial Court, Cebu City via Civil Case No. CEB-26877. Subsequently, this case was raffled to Branch 9. They essentially claimed that respondent's Deed of Sale was void for being simulated or fictitious. Hence, they prayed that a writ of injunction be issued to restrain Eleuteria from insisting on the validity of her void document. Petitioners also sought payment of moral, exemplary, and punitive damages of not less than PHP 50,000.00 and attorney's fees of PHP 20,000.00. [13] In her Answer, respondent denied all allegations against her. She claimed that in 1985, she purchased Lot No. 1442-Q-1 with an area of about 225 square meters from Spouses Florentino and Aurelia Bagano ( Aurelia ) on installment. At first, she allegedly acquired 50 square meters of the property for which Florentino executed a Deed of Sale dated May 8, 1989 [14] in her favor. Said deed acknowledged her payments to Florentino of PHP 15,700.00 on November 15, 1985, and PHP 4,300.00 on May 8, 1989, viz .: DEED OF ABSOLUTE SALE OVER A PORTION OF RESIDENTIAL LAND KNOW ALL MEN BY THESE PRESENTS: I, FLORENTINO BAGANO, of legal age, Filipino, married and a resident of Sanciangko St.[,] Cebu City, for and in consideration of TWENTY THOUSAND (P20,000.00) PESOS, Philippine Currency, to me in hand paid by ELEUTERIA B. ERASMO, Filipino, of legal age, and a resident of 5 Urgello Pvt. Road, Cebu City, receipt is hereby acknowledged to my entire satisfaction the sum of FIFTEEN THOUSAND SEVEN HUNDRED PESOS (P15,700.00) on November 15, 1985 and the sum of FOUR THOUSAND THREE HUNDRED (P4,300.00) PESOS on May 8, 1989, do hereby these presents SELL, CEDE, TRANSFER[,] and CONVEY by way of absolute and irrevocable SALE unto said ELEUTERIA B. ERASMO, her heirs, assigns, and [successors-in-interest] a portion of residential land Lot. No. 1442-Q representing my paraphernal property ONE FIFTH (1/5) SHARE of Lot No. 1442-Q containing an area of FIFTY (50) SQUARE METERS more particularly the lot where the house of Florentino Bagano/Enrique Hipolito is constructed along the main road of Urgello Pvt. Road, Cebu City. That the mother lot 1442-Q is owned in common by Florentino, Cristita, Socorro, Virgilio[,] and Eriberta, all surnamed BAGANO and more particularly described as follows: TAX DECLARATION NO. 02-06753 Office of the City Assessor, Cebu City "A parcel of residential land lot No. 1442-Q situated at Sambag I, Cebu City, bounded on the North by Lot No. 1442-P on the South, by Lot No. 1442-0, on the East by Lot No. 493 and on the West by Lot No. 1442-0 containing an area of 1,976 square meters with an assessed value of P88,920.00..." That there is a pending subdivision plan on said lot to be divided among the five co-owners and to apply for a separate Tra[n]sfer of (sic) Certificate