G.R. No. 237767 - JUSTINA DELMOLIN-PALOMA AND JUANILLO PALOMA, VS. ESTER DELMOLIN-MAGNO AND ABIGAIL R. DEMOLIN.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, OCT No. P-1539 was cancelled and a Transfer Certificate Title (TCT) No. T-52423 [15] was issued in the name of Justina. Sometime in 1980, Ester constructed her house in the disputed land. At that time, she asked her father, Santiago, about the documents involving the land and discovered that the same were in the possession of Justina. [16] Meanwhile, in 1984, Justina returned from her previous residence in Canlubang, Calamba City, and occupied the house of their father, Santiago. [17] Four days after the interment of Santiago, Justina handed over to Ester a copy of the Deed of Sale of the disputed land in her favor. [18] That was the first time Ester found out about the alleged sale in favor of Justina, Thereafter, Ester requested the land to be partitioned among them including the heirs of their late brother, Cristobal. [19] Eventually, the land dispute among the heirs was brought to the Sangguniang Barangay of Brgy. Concepcion, San Pablo City. [20] During the conference held before the Sangguniang Barangay, the parties agreed to partition the land as follows: 342 square meters in favor of Justina; 171 square meters in favor of Ester; and 171 square meters in favor of Abigail, as represented by her son, Michael. [21] The Certificate of Agreement [22] dated June 28, 1999 was signed by Ester, Michael, Brgy. Chairperson Ronelo Carandang, and Barangay Agrarian Reform Council (BARC) Chairperson Elias A. Ciar. [23] However, Justina refused to sign the agreement and opted to consult her lawyer first. [24] Nonetheless, an agreement of partition [25] dated August 30, 1999 was prepared and submitted to the Land Management Bureau, which the latter approved. [26] The agreement of partition bore the same contents as the Certificate of Agreement executed before the Sangguniang Barangay. [27] By virtue of the agreement of partition, Michael constructed a fence surrounding the lot allotted to them, with the full knowledge and consent of Justina. [28] Records also reveal that Justina hired a geodetic engineer who undertook the subdivision survey, and shared in the expenses incurred for the survey of the land. [29] However, despite Ester and Abigail's (respondents) request to partition the disputed land, Justina refused to implement the partition agreement. [30] Thus, the dispute was again referred to the Sangguniang Barangay in 2008. [31] Due to their failure to reach a settlement, the office of the Punong Barangay issued a " Katibayan Upang Makadulog sa Hukuman ." [32] On January 8, 2010, respondents filed a petition for annulment of TCT No. T-52423 and barangay partition and judicial partition of the intestate estate of the late Santiago Delmolin [33] before the RTC of San Pablo City. In their petition, they alleged that Justina, being the eldest among siblings, unjustly received ½ portion of the subject property while Ester and Michael were forced to accept only a ¼ portion each. [34] Moreover, Justina even threatened to evict Ester from the prop