G.R. No. 126950 - NELSON NUFABLE, SILMOR NUFABLE AND AQUILINA NUFABLE, VS. GENEROSA NUFABLE, VILFOR NUFABLE, MARCELO NUFABLE, AND THE COURT OF APPEALS. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, plaintiffs pray this Honorable Court that after trial judgment be rendered ordering: `(a) That the said Deed of Sale (Annex `C') executed by the Development Bank of the Philippines in favor of the defendants be declared null and void as far as the three fourths (¾) rights which belongs (sic) to the plaintiffs are concerned; '(b) That the said three fourths (¾) rights over the above parcel in question be declared as belonging to the plaintiffs at one fourth right to each of them; `(c) To order the defendants to pay jointly and severally to the plaintiffs by way of actual and moral damages the amount of P10,000.00 and another P5,000.00 as Attorney's fees, and to pay the costs. `(d) Plus any other amount which this Court may deem just and equitable.' (p. 6, Original Records) In their Answer, defendants contend: `4. Paragraph 4 is denied, the truth being that the late Angel Nufable was the exclusive owner of said property, that as such owner he mortgaged the same to the Development Bank of the Philippines on March 15, 1966, that said mortgage was foreclosed and the DBP became the successful bidder at the auction sale, that ownership was consolidated in the name of the DBP, and that defendant Nelson Nufable bought said property from the DBP thereafter. During this period, the plaintiffs never questioned the transactions which were public, never filed any third party claim nor attempted to redeem said property as redemptioners, and that said Deed of Sale, Annex `B' to the complaint, is fictitious, not being supported by any consideration;' (pp. 20-21, id.) The Deed of Sale (Annex `B'), referred to by the parties is a notarized Deed of Sale, dated July 12, 1966 (marked as Exhibit `H') by virtue of which, spouses Angel and Aquilina Nufable, as vendors, sold ¾ portion of the subject property to herein plaintiffs for and in consideration of P1,000.00 (Exh. `5')." [2] On November 29, 1995, the Court of Appeals rendered judgment, the dispositive portion [3] of which reads: "WHEREFORE, the appealed decision of the lower court is REVERSED and SET ASIDE. A new judgment is hereby entered declaring plaintiffs-appellants as the rightful co-owners of the subject property and entitled to possession of ¾ southern portion thereof; and defendant-appellee Nelson Nufable to ¼ portion. No award on damages. No costs." Defendants-appellees' Motion for Reconsideration was denied for lack of merit in the Resolution of the Court of Appeals [4] dated October 2, 1996. Hence, the present petition. Petitioners raise the following grounds for the petition: "1. The Honorable Court of Appeals erred in considering as controlling the probate of the Last Will and Testament of Esdras Nufable, the probate thereof not being an issue in this case; 2. The Honorable Court of Appeals erred in not considering the fact that the Development Bank of the Philippines became the absolute, exclusive, legal, and rightful owner of the land in question, from whom petitioner Nelson Nufable acqu