Cited Laws
Accordingly, on October 5, 1989, the trial court issued an order in Civil Case No. R-10027 approving Matildes motion to transfer the title of the four lots to her name, and directing the Register of Deeds of Cebu to register the deed of redemption and issue new certificates of title covering the four properties in Matildes name. It appears that Pascuala, who executed a document on November 25, 1992 expressly waiving her rights in the four properties covered by the deed of redemption, changed her mind and decided to file on September 23, 1996 in the RTC in Cebu City a complaint to seek the nullification of her waiver of rights, and to have herself be declared as a co-redemptioner of the four properties (Civil Case No. CEB-19338). However, the RTC dismissed Civil Case No. CEB-19338 on the ground of its being barred by laches. Pascuala then assailed the dismissal of Civil Case No. CEB-19338 in the CA through a petition for certiorari (C.A.-G.R. SP No. 44660), which the CA dismissed on November 21, 1997. Undeterred, Pascuala appealed the dismissal of her petition for certiorari (G.R. No. 131722), but the Court denied due course to her petition on February 4, 1998 because of her failure to pay the docket fees and because of her certification against forum shopping having been signed only by her counsel. In November 1998, the heirs of Miguel filed a motion for reconsideration in Civil Case No. R-10027 of the RTC of Cebu City, Branch 16, praying that the order issued on October 5, 1989 be set aside, and that they be included as Matildes co-redemptioners. After the RTC denied the motion for reconsideration for its lack of merit on April 25, 2000, they assailed the denial by petition for certiorari and prohibition (C.A.-G.R. SP No. 60225). The CA dismissed the petition for certiorari and prohibition on January 10, 2002. Thereafter, they elevated the matter to the Court via petition for certiorari (G.R. No. 154585), which the Court dismissed on September 23, 2002 for being filed out of time and for lack of merit. On September 10, 1999, the heirs of Marcelo, specifically: Lolibeth Sotto Noble, Danilo C. Sotto, Cristina C. Sotto, Emmanuel C. Sotto, Filemon C. Sotto, and Marcela C. Sotto; and the heirs of Miguel, namely: Alberto, Arturo and Salvacion, all surnamed Barcelona (herein petitioners), instituted the present action for partition against Matilde in the RTC of Cebu City, Branch 20 (Civil Case No. CEB-24293). [2] Alleging in their complaint that despite the redemption of the four properties having been made in the sole name of Matilde, the four properties still rightfully belonged to the Estate of Sotto for having furnished the funds used to redeem the properties, they prayed that the RTC declare the four properties as the assets of the Estate of Sotto, and that the RTC direct their partition among the heirs of Filemon. It is notable at this juncture that the heirs of Pascuala did not join the action for partition whether as plaintiffs or defendants