G.R. Nos. 224083-84 - MAXIMO C. MARIANO, SOLEDAD C. MARIANO, SUSAN C. MARIANO, RUTH M. MARIANO, JOSEPH M. MARIANO, AND MARILOU MARIANO-JACINTO, VS. CLEMENTE P. MARIANO.

Ruling

Accordingly, Susan filed her Answer with Motion to Dismiss thereto. [10] Subsequently, Honesto, Jr. filed an Amended Complaint dated March 9, 2006 to which Susan filed her Answer to Amended Complaint. [11] Meanwhile, on May 5, 2006, Susan was joined by her full siblings, Manuel, Maximo, and Soledad, in filing a case for Partition and Reconveyance before the RTC of Lucena City, against their half-siblings Honesto, Jr. and Romeo, the latter having been succeeded by Maricel, Teresita, Annie, Ramoncito, Romeo, Jr., Rod, and Rolly, all surnamed Mariano. They prayed, among others, for the collation of the subdivided properties covered by TCT No. 90516, which were left by their patriarch, and for the properties to be divided accordingly. [12] On September 12, 2007, Honesto, Jr. died. He was survived by his wife, Jacinta, and their six children, namely: Osmundo, Jose, Luz, Clarita, Antoinette, and Clemente. Thereafter, the heirs signed a Deed of Extrajudicial Settlement of Estate with Waiver of Rights, instituting Clemente as the sole heir to Lot Nos. 168-C-6-D and 168-C-6-E. Hence, TCT Nos. T-125293 and T-125294 were cancelled and Clemente was issued TCT Nos. T-483073 and T-483074 on February 17, 2009. [13] On June 9, 2009, Clemente substituted his father to the ejectment case. In the Second Amended Complaint which he had filed in court, Clemente claimed that his father was the registered owner of Lot Nos. 168-C-6-D and 168-C-6-E and had been in legal possession thereof since 1974. Honesto, Jr. merely allowed Susan to build a house and install improvements thereon with Susan's promise to vacate the premises once enjoined. In a letter dated July 16, 2004, Honesto, Jr. demanded Susan to give up the occupancy of the subject property within 15 days from receipt of the notice, but the latter refused to accede which prompted Clemente to ask for her eviction and payment of rentals and damages. [14] In her Answer, Susan denied Clemente's ownership and possession of the land in dispute. Instead, she claimed that she is the rightful owner being a child of the original owner. She added that the partition agreement which her mother and half-siblings have executed was void because the signature of Victoria appearing thereon was forged. According to her, the succeeding titles issued pursuant to the partition agreement are considered void. [15] The Ruling of the MTC (Ejectment Case) In a Decision [16] dated November 24, 2009, Presiding Judge Maria May S. Zafranco-Redor of the Municipal Trial Court ( MTC ) of Pagbilao, Quezon, ruled in favor of Clemente, the decretal portion of the decision states: WHEREFORE, judgment is hereby rendered in favor of the plaintiff Clemente P. Mariano and against defendant, ordering said defendant to vacate the subject properties (Lot 168-C-6-D, with an area of 1,511 square meters and Lot 168-C-6-E, with an area of 1,760 square meters), both located at Bukal (Poblacion), Pagbilao, Quezon and covered by Transfer Certificate of Title Nos. T