G.R. No. 137944 - FERNANDA MENDOZA CEQUENA AND RUPERTA MENDOZA LIRIO, VS. HONORATA MENDOZA BOLANTE.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, for all the foregoing, the decision of the trial court appealed from is REVERSED and SET ASIDE . In lieu thereof, judgment is hereby rendered declaring x x x Honorata Mendoza Bolante the rightful owner and possessor of the parcel of land which is the subject of this appeal." The Facts The Petition herein refers to a parcel of land situated in Barangay Bangad, Binangonan, Province of Rizal, having an area of 1,728 square meters and covered by Tax Declaration No. 26-0027. The undisputed antecedents of this case are narrated by the Court of Appeals as follows: [4] "The facts not disputed revealed that prior to 1954, the land was originally declared for taxation purposes in the name of Sinforoso Mendoza, father of [respondent] and married to Eduarda Apiado. Sinforoso died in 1930. [Petitioners] were the daughters of Margarito Mendoza. On the basis of an affidavit, the tax declaration in the name of Sinforoso Mendoza of the contested lot was cancelled and subsequently declared in the name of Margarito Mendoza. Margarito and Sinforoso are brothers. [Respondent] is the present occupant of the land. Earlier, on October 15, 1975, [respondent] and Miguel Mendoza, another brother of [petitioners], during the cadastral survey had a dispute on [the] ownership of the land. "During the pre-trial conference, parties stipulated the following facts: 1) The land subject of the case was formerly declared for taxation purposes in the name of Sinforoso Mendoza prior to 1954 but is now declared in the name of Margarito Mendoza. 2) The parties agree[d] as to the identity of the land subject of instant case. 3) [Petitioners] are the daughters of Margarito Mendoza while the [respondent] is the only daughter of Sinforoso Mendoza. '4) Margarito Mendoza and Sinforoso Mendoza [were] brothers, now deceased. 5) During the cadastral survey of the property on October 15, 1979 there was already a dispute between Honorata M. Bolante and Miguel Mendoza, brother of [petitioners]. 6) [Respondent was] occupying the property in question. The only issue involved [was] who [was] the lawful owner and possessor of the land subject of the case. "After trial, the court a quo rendered its judgment in favor of [petitioners], the dispositive portion of which reads as follows: Wherefore, in view of the foregoing considerations, judgment is hereby rendered for the [petitioners] and against the [respondent]: 1. Declaring that the parcel of land situated in Bangad, Binangonan, Rizal covered by tax declaration no. 26-0027 in the name of Margarito Mendoza belong to his heirs, the [petitioners] herein; 2. Ordering [respondent] to vacate the property subject of the case and deliver possession thereof to the heirs of Margarito Mendoza. 3. Ordering the [respondent] to indemnify the [petitioners] in the sum of P10,000.00, as actual damages. 4. Ordering the [respondent] to pay the costs." Ruling of the Court of Appeals The Court of Appeals reversed the trial court because the genuine