G.R. NO. 150321 - ADELINA GUERZON BARCENAS, MAXIMO T. GUERZON SR., MARINA T. GUERZON, GABRIEL T. GUERZON, AND ROWEL T. GUERZON, IN THEIR CAPACITY AS HEIRS TO VERONICA TOLENTINO, VS. SPOUSES ANASTACIO TOMAS[1] AND CANDIDA CALIBOSO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, judgment is hereby rendered in favor of the [respondents] directing [petitioners]/heirs of Veronica Tolentino including any and all persons acting in their behalf to: 1. Immediately vacate the one-hectare portion of the property described in Transfer Certificate of Title No. 16390 of the Land Records of Nueva Ecija which was sold to the [respondents] and reconvey or turn over the same to the [respondents] the ownership, possession and occupancy thereof; 2. To pay moral and exemplary damages of P10,000.00; 3. To pay litigation expenses of P5,000.00; 4. To pay attorneys fee of P10,000.00; and 5. To pay costs of suit. [7] The Facts A case for recovery of ownership and possession of real property with damages was filed by Respondent Spouses Anastacio Tomas and Candida Caliboso against the heirs of Veronica Tolentino. The Complaint stated, among others, that after the death of her husband, Benedicto Guerzon, Veronica sold to respondents on May 7, 1969, a one-hectare portion of her undivided share in a 14.6-hectare property. Situated in Barangay Paitan Sur, Cuyapo, Nueva Ecija, the land was co-owned by her and her ten children. The entire property was registered in her name and that of her late husband and covered by Transfer Certificate of Title No. 16390. Respondents took possession of the property immediately after the sale. In 1989, however, the couple migrated to the United States, leaving the lot in the possession of Victoriano Tomas, the husbands brother. On April 13, 1989, the heirs of Veronica executed an Extrajudicial Partition covering the entire property. As a result, a new title was issued in the name of one of the heirs, Maximo Guerzon, who in 1995 wrested possession of the lot from Victoriano Tomas. During the trial, respondents presented a Deed of Sale (Exhibit B) evidencing the sale of the one-hectare lot for P2,800. Moreover, an Affidavit (Exhibit C) showed that Veronicas children had subsequently confirmed the sale. Petitioners, however, denied knowledge of the two documents and claimed that their signatures on the Affidavit had been forged. [8] Ruling that respondents had the better right of possession and ownership of the land in question, the Municipal Trial Court of Cuyapo, Nueva Ecija held that the sale of the one-hectare portion to them had sufficiently been established by the notarized document of sale and by their continuous possession of the property from 1969 until its interruption by Maximo Guerzon in 1995. The MTC added that the authenticity and genuineness of the Deed of Sale, as well as of the Affidavit confirming it, could not be assailed by mere unsubstantiated denials that the documents were fake. It ordered the defendants to vacate the property immediately and to pay moral damages, litigation expenses, attorneys fees and the costs of the suit. On appeal, the Regional Trial Court, Branch 33, of Guimba, Nueva Ecija affirmed the MTC Decision. Petitioners thereafter elevated