G.R. NO. 159660 -

Ruling

Accordingly, OCT RO-3177 (0-13173) was cancelled and replaced on the same date by Transfer Certificates of Title No. T-84677 to T-84683. The plaintiffs in this case claim that they acquired these lots from Agustins heirs and from third persons who acquired from those heirs. Relying on the superiority of the 1928 partition, prius in tempore potior in jure , they filed an action against these adjudicatees for the declaration of nullity of the subsequent extrajudicial declaration of heirs made in 1992 and all the titles issued by virtue thereof. The complaint was docketed as CEB-16645 and raffled to branch 22 of the RTC of Cebu. In time, the defendants filed their answer. They disclaimed knowledge of the 1928 instrument which was not registered, and argued that their partition was legal because they were the heirs of the parties to the 1928 instrument and their right to the properties commenced from the time of the death of their grandparents. They accordingly had the right to partition the property or confirm a previous oral partition, and the efficacy of their acts had been firmed up by the issuance in their names of subsequent transfer certificates of title. It is alleged that the plaintiffs are not heirs of the parties to the partition and have not shown the legal mode by which they acquired the properties. They are allegedly guilty of laches for not enforcing their rights over an uncommonly long period of time. Before pre-trial went underway, the brothers Alberto and Hilario Tudtud intervened as the purchasers of several of the lots into which the two properties were divided. Through separate deeds of sale, Alberto had acquired Lot 3116-A from Conchita Nuñez, 3116-F from Leonidisa Cometa, et al., and 3116-G from Sabina Sinoy. These conveyances led to the transfer of titles to Alberto Tudtud under T-90737, T-90735 and T-90738, respectively. Hilario, on the other hand, acquired Lot 3116-D from Luis Nuñez, 3108-A from Sabina Sinoy, 3108-B from Leonidisa Cometa, et. al., 3108-C from Segundo Nuñez, 3108-D from Luis Nuñez and 3108-E from Conchita Nuñez. The acquisitions were also covered by deeds of sale, but as far as the evidence shows, only the titles to Lot 3116-D and 3108-B were transferred to him under T-90736 and T-90739. [5] In a decision dated 18 August 1998, the trial court ruled in favor of herein petitioners, the dispositive portion of which reads: WHEREFORE, premises considered judgment is hereby rendered in favor of the plaintiffs and against the defendants and Intervenors, declaring the extra-judicial declaration of heirs and confirmation of the oral sale as well as TCT Nos. 84670 to 84683 in the name of defendants as null and void and ordering defendants and intervenors to jointly and severally pay the plaintiffs the sum of P50,000.00 as attorneys fee and P10,000.00 as litigation expenses. [6] On appeal, the Court of Appeals reversed the trial court decision and dismissed the case. Petitioners motion for reconsideration having been