G.R. No. 192486 - RUPERTA CANO VDA. DE VIRAY AND JESUS CARLO GERARD VIRAY, VS. SPOUSES JOSE USI AND AMELITA USI.D E C I S I O N - Supreme Court E-Library

Ruling

Wherefore, by virtue of the foregoing premises, we have agreed, as we hereby agree to subdivide our said parcel of land x x x. [12] (Emphasis added.) Consequent to the subdivision of Lot 733-C in line with the Galang Plan and its subsequent partition and distribution to the respective allotees pursuant to the 2 nd SA, the following individuals appeared as owners of the subdivided units as indicated in the table below: Lot No. Land area Partitioned to: Lot 733-C-1 200 square meters Sps. Jose and Amelita Usi Lot 733-C-2 1,000 square meters Sps. Alejandro & Juanita Lacap Lot 733-C-3 300 square meters Sps. Nestor & Herminia Coronel Lot 733-C-4 500 square meters Sps. Nestor & Herminia Coronel and Sps. Bacani & Martha Balingit Lot 733-C-5 400 square meters Sps. Ruperto & Josefina Jordan Lot 733-C-6 500 square meters Ellen, McDwight, Bismark, Beverly and Georgenia Mendoza Lot 733-C-7 220 square meters Ellen, McDwight, Bismark, Beverly and Georgenia Mendoza Lot 733-C-8 1,000 square meters Ellen, McDwight, Bismark, Beverly and Georgenia Mendoza Lot 733-C-9 500 square meters Ellen, McDwight, Bismark, Beverly and Georgenia Mendoza Lot 733-C-10 1,000 square meters Sps. Jose and Amelita Usi Lot 733-C-11 668 square meters Ellen, McDwight, Bismark, Beverly and Georgenia Mendoza Lot 733-C-12 550 square meters Ellen, McDwight, Bismark, Beverly and Georgenia Mendoza [Lot 733-C-13] [1,310 square meters] [Allotted for a proposed road] In net effect, the two subdivision agreements paved the way for the issuance, under the Sps. Usis name, of TCT Nos. 1585-RP, [13] 2092-RP, [14] and 2101-RP, [15] covering Lots 733-B, 733-C-1 and 733-C-10, respectively. On the other hand, the subdivision of Lot 733, per the Galang Plan, and the two subdivision agreements concluded based on that plan, virtually resulted in the loss of the identity of what under the Fajardo Plan were Lot 733-A and Lot 733-F. The Sps. Viray and the late Jesus Viray, to recall, purchased Lot 733-A and Lot 733-F, respectively, from Mendoza. Then came the ocular inspection and survey [16] conducted on Lot 733, as an undivided whole, by Geodetic Engr. Angelito Nicdao of the LMB. Some highlights of his findings: (a) Lot 733-A of the Fajardo Plan with an area of 336 square meters that Sps. Viray bought is within Lot 733-B (Galang Plan) allotted under 1st SA to Sps. Jose and Amelita Usi; and (b) Lot 733-F of the Fajardo Plan with an area of 3,501 square meters is almost identical to the combined area of Lots 733-C-8 to 733-C-12 awarded to Ellen Mendoza and her childrenMcDwight, Bismark, Beverly and Georgenia, and a portion (1,000 square meters) of Lot 733-C-10 of the Galang Plan awarded to Sps. Jose and Amelita Usi. As to be expected, the foregoing overlapping transactions involving the same property or portions thereof spawned several suits and counter- suits featuring, in particular, herein petitioners and respondents, viz: (a) A suit for Annulment of Deed of Absolute Sale filed before the RTC, Branch 55 in M