G.R. No. 110115 - RODOLFO TIGNO AND SPOUSES EDUALINO AND EVELYN CASIPIT, VS. COURT OF APPEALS AND EDUARDO TIGNO.

Ruling

WHEREFORE, in view of the foregoing, the decision appealed from is hereby REVERSED and another one ENTERED as follows: 1. Declaring plaintiff-appellant Eduardo M. Tigno as the true and lawful owner of the lands described in the complaint; 2. Declaring the Deed of Sale executed by defendant-appellee Rodolfo M. Tigno in favor of defendant-appellee spouses Edualino Casipit and Avelina Estrada as null and void and of no effect; and 3. Ordering defendant-appellee Rodolfo M. Tigno to vacate the parcels of land described in the complaint and surrender possession thereof to plaintiff-appellant Eduardo M. Tigno. With costs against defendants-appellees. Petitioners subsequent motion for reconsideration was denied for lack of merit in the assailed Resolution. [5] The Facts Respondent Court adequately recited the facts of the case as follows: [6] The facts from the standpoint of plaintiff-appellants (herein private respondents) evidence are summarized in his brief, to wit: Sometime in January, 1980, Bienvenido Sison, Remedios Sison and the heirs of Isaac Sison, namely: Manuel Sison, Gerardo Sison and Adelaida Sison appointed Dominador Cruz as agent to sell three (3) parcels of land adjoining each other located at Padilla St., Lingayen, Pangasinan (TSN, Sept. 5, 1989, pp. 6-8). These parcels of land belonging to the abovenamed persons are more particularly described as follows: Bienvenido Sison: A parcel of fishpond situated at Padilla Street, Lingayen, Pangasinan, with an area of 3006.67 square meters, more or less, bounded on the North by Padilla Street, on the South by Lots 1105, 1106, 1107, 1108, etc., on the East by alley, and on the West by Alejandro Vinluan and Thomas Caldito; (Exh. B) Heirs of Isaac Sison (i.e. Manuel, Gerardo and Adelaida Sison) A parcel of fishpond, situated at Padilla Street, Lingayen, Pangasinan, with an area of 3006.66 square meters, more or less, bounded on the North by Padilla Street; On the South by Bienvenido Sison, on the East by Alley, and on the West by Mariano Sison; (Exh. A) Remedios Sison A parcel of unirrigated riceland (now fishpond) situated in Poblacion, Lingayen, Pangasinan, containing an area of 3006.66 square meters, more or less, bounded on the North by Padilla Street; on the East by Path; on the South by Dionisio and Domingo Sison; and on the West by Path; (Exh. C) Sometime in April 1980, Rodolfo Tigno learned that the abovedescribed properties were for sale. Accordingly, he approached Cruz and told the latter to offer these parcels of land to his brother, Eduardo Tigno, herein appellant (TSN, Sept. 5, 1989, p. 9). Pursuant thereto, Cruz and Rodolfo Tigno went to appellants Makati office to convince the latter to buy the properties earlier described. At first, appellant was reluctant, but upon Rodolfo Tignos prodding, appellant was finally convinced to buy them (TSN, Sept. 5, 1989, pp. 9-11). In that meeting between Cruz and appellant at the latters office, it was agreed that each parcel of land