G.R. No. 179638 - HEIRS OF NUMERIANO MIRANDA, SR., namely: CIRILA (deceased), CORNELIO, NUMERIANO, JR., ERLINDA, LOLITA, RUFINA, DANILO, ALEJANDRO, FELIMON, TERESITA, ELIZABETH AND ANALIZA, ALL SURNAMED MIRANDA, VS. PABLO R. MIRANDA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, this court resolves: 1. To [u]phold and [s]ustain the validity of TCT Nos. 186011, 186012, and 186013; 2. Ordering Pablo Miranda to indemnify all other heirs of NUMERIANO MIRANDA the amount equivalent to 12/13 fair market value of the co-owned residential house, erected on the lot 826-A-3 covered by TCT No. 186013 corresponding to their shares, and for the said heirs to divide among themselves the aforesaid amount as follows: 1/13 to CIRILA MIRANDA 1/13 to CORNELIO MIRANDA 1/13 to NUMERIANO MIRANDA, JR. 1/13 to ERLINDA MIRANDA 1/13 to LOLITA MIRANDA 1/13 to RUFINA MIRANDA 1/13 to DANILO MIRANDA 1/13 to ALEJANDRO MIRANDA 1/13 to FELIMON MIRANDA 1/13 to TERESITA MIRANDA 1/13 to ELIZABETH MIRANDA 1/13 to ANALIZA MIRANDA 3. Ordering Plaintiffs Lolita Miranda, Alejandro Miranda, Teresita Miranda, Rufina Miranda and all persons claiming rights under them to immediately vacate the abovementioned residential house and to jointly and severally pay to the spouses Pablo and Aida Miranda a monthly rental of P2,000.00 from the date of notice of the promulgation of this judgment up to the time that they have actually vacated the property; 4. Proclaiming that ROGELIO MIRANDA is not the biological son or child by nature of TRANQUILINO MIRANDA, and therefore is not entitled to inherit from the latter; 5. Declaring CORNELIO MIRANDA, NUMERIANO MIRANDA, JR., ERLINDA MIRANDA, LOLITA MIRANDA, RUFINA MIRANDA, DANIL[O] MIRANDA, ALEJANDRO MIRANDA, FELIMON MIRANDA, TERESITA MIRANDA, ELIZABETH MIRANDA, ANALIZA MIRANDA, PABLO MIRANDA and PACITA MIRANDA as the lawful legal heirs of the deceased TRANQUILINO MIRANDA and ordering them to partition among themselves Lot 826-A-1 covered by TCT No. 186011 registered in the name of TRANQUILINO MIRANDA, containing an area of 213 square meters, as follows: 1/13 aliquot share to Cornelio Miranda 1/13 aliquot share to Numeriano Miranda, Jr. 1/13 aliquot share to Erlinda Miranda 1/13 aliquot share to Lolita Miranda 1/13 aliquot share to Rufina Miranda 1/13 aliquot share to Danilo Miranda 1/13 aliquot share to Alejandro Miranda 1/13 aliquot share to Felimon Miranda 1/13 aliquot share to Teresita Miranda 1/13 aliquot share to Elizabeth Miranda 1/13 aliquot share to Analiza Miranda 1/13 aliquot share to Pablo Miranda 1/13 aliquot share to Pacita Miranda 6. Ordering all the abovenamed heirs to commission the survey of Lot 826-A-1 or to authorize in writing, one of them to commission such survey, in order to avoid a chaotic situation similar to the case at bar. Should they not agree as to what particular portion shall belong to one another, they may agree that it be allotted to one or two or several of them, who shall indemnify the others at a price agreed upon by all of them. Should they not agree as to whom shall the property be allotted, to sell the property to a third person at [a] price agreed upon by a majority of all [of] them, and to partition the proceeds of the sale in accordance with No. 5 above. SO