G.R. No. 185745 - SPOUSES DOMINADOR MARCOS AND GLORIA MARCOS, VS. HEIRS OF ISIDRO BANGI AND GENOVEVA DICCION, REPRESENTED BY NOLITO SABIANO.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly, the cancellation of TCT Nos. T-47829 and T-48446. The respondents likewise sought the restoration of OCT No. 22361. In their answer, herein petitioners, together with the spouses Jose and Pacita, Ceasaria and the spouses Emilio and Zenaida, denied the allegations of the respondents, claiming that they are the owners of the subject property, including the one-third portion thereof allegedly sold by Eusebio to the respondents parents Isidro and Genoveva. They averred that the subject property was originally owned by Alipio; that after his death, his children Eusebio, Espedita and Jose Bangi inherited the same. That on May 8, 1995, Espedita and Jose Bangi executed a deed of extrajudicial partition with quitclaim wherein they waived their rights over the subject property in favor of Eusebios children Ceasaria, Zenaida, Pacita and herein petitioner Gloria. They further claimed that their father Eusebio could not have validly sold the one-third portion of the subject property to Isidro and Genoveva. They explained that Eusebio supposedly acquired the parcel of land covered by OCT No. 22361 by virtue of a donation propter nuptias from his father Alipio when he married Ildefonsa Compay (Ildefonsa) in 1928. They claimed that the donation propter nuptias in favor of Eusebio was fictitious since Alipio died in 1918 and that, in any case, the said donation, even if not fictitious, is void since the same was not registered. They also averred that they had no participation in the execution of the Deed of Absolute Sale dated August 10, 1995, claiming that it was a certain Dominador Quero, the one hired by herein petitioner Gloria to facilitate the transfer of OCT No. 22361 in their names, who caused the execution of the same. Subsequently, the respondents and Ceasaria and the spouses Emilio and Zenaida entered into a compromise agreement wherein Ceasaria and spouses Emilio and Zenaida acknowledged the right of the respondents over the subject property and admitted the existence of the sale of the one-third portion thereof by Eusebio in favor of the spouses Isidro and Genoveva. Thus, the case as to Ceasaria and the spouses Emilio and Zenaida was dismissed. Ruling of the RTC On March 26, 2007, the RTC rendered a Decision [6] the decretal portion of which reads: WHEREFORE, premises considered, judgment is hereby rendered: 1) Declaring the Deed of Absolute Sale dated August 10, 1995 x x x and Deed of Absolute Sale dated November 21, 1995 x x x as null and void; 2) Declaring Transfer Certificate of Title No. T-47829 issued in the names of PRIMO ALAP married to [Ceasaria] Alap, JOSE DILLA married to Pacita Dilla, DOMINADOR MARCOS married to Gloria Marcos, and EMILIO SUMAJIT married to Zenaida Sumajit x x x and Transfer Certificate of Title No. T-48446 in the name of Spouses DOMINADOR MARCOS and GLORIA BANGI x x x as null and void. Consequently, the Registrar of Deeds of Tayug, Pangasinan is hereby directed to cancel the same and all the other cop