G.R. No. 159611 - HEIRS OF ANTERO SOLIVA, VS. SEVERINO, JOEL, GRACE, CENON, JR., RENATO, EDUARDO, HILARIO, ALL SURNAMED SOLIVA, ROGELIO V. ROLEDA, AND SANVIC ENTERPRISES, INC., REPRESENTED BY ITS MANAGER, SANTOS PORAQUE.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, this 2,582-square meter portion should be treated as his share in their parents' estate that bars him from further participating in the partition of the remaining portion of Parcel 2. Antero and the defendants a quo , except for SEI and Roleda, separately appealed the RTC's January 25, 1994 decision with the CA. CA's Decision In its May 23, 2003 decision, [17] the CA modified the RTC's decision. It declared the plaintiffs a quo - Antero, Victoriano, Romeo, Sergio - and the defendants a quo - Joel, Grace, Cenon, Eduardo, Renato, Hilario and SEI - as co-owners of Parcel 2. [18] The CA agreed that the 1,600-square meter portion of Parcel 2 belongs exclusively to Cenon. Additionally, it pointed out that the " Escritura de Compra-Venta Absoluta ," which Mancol executed in favor of Cenon, was duly notarized and therefore a public document that has in its favor the presumption of regularity. As Antero, et al . failed to show convincing contradictory evidence, this document proves the clear and unequivocal facts alleged therein, i.e. , that Mancol previously owned the 1,600-square meter portion which she sold to Cenon in 1949. Pursuant to the " Escritura de Compra-Venta Absoluta ," Ceferino had no right whatsoever over the 1,600-square meter portion of Parcel 2; his right covered only the 13,009-square meter portion (14,609-1,600) not affected by this document. Thus, when he died in 1954, he transferred to his heirs only the rights which he had over the 13,009-square meter portion. Likewise, the CA agreed that the 1970 Pacto de Retro Sale between Juana and Cenon is not an equitable mortgage; none of the circumstances or conditions that serve as badges of an equitable mortgage under Article 1602 of the Civil Code was present. Thus, it is a valid and effective Deed of Sale; but, only as regards the portion of Parcel 2 over which she has an alienable title or interest. In these lights, Cenon validly acquired ownership over a total area of 10,706.3 square meters of Parcel 2. As owner, he had all the right to alienate it, either in its entirety or only its portion. Accordingly, his sale to Roleda of the 4,092.8-square meter portion was valid as it falls well within his total property ownership. Consequently, Roleda's sale to SEI of the same 4,092.8-square meter portion in 1991 was also valid. Cenon's remaining 6,613.5 square meters share of Parcel 2 shall, in turn, be divided equally among his heirs. As for Ceferino's other heirs, they each acquired a pro indiviso share over the remaining 3,902.7 square meters of Parcel 2. But, since Severino had already received his share in 1959, only Victoriano, Antero and Dorotea, as represented by her heirs Sergio and Romeo, are entitled to participate in its partition. The CA denied, in its August 20, 2003 resolution, [19] Antero's motion for reconsideration. Hence, this petition. While this case was pending before the Court, Antero Soliva died on February 15, 2004. [20] He was survived by his wife, Erlinda