G.R. No. 107797 - PURITA SALVATIERRA, ELENITA SALVATIERRA NUNEZ, ANSELMO SALVATIERRA, JR., EMELITA SALVATIERRA, AND ROMEL SALVATIERRA, VS. THE HONORABLE COURT OF APPEALS AND SPS. LINO LONGALONG AND PACIENCIA MARIANO.

Ruling

WHEREFORE, the decision appealed from is herein REVERSED, defendants-appellees are ordered to reconvey to plaintiffs-appellants the 149-sq. m. portion of Lot No. 26 registered in the name of Anselmo Salvatierra under OCT O-4221 as described in the deed of sale Exh. A or 1 of this case; and defendants-appellees are furthermore ordered to pay plaintiffs-appellants the amount of P5,000.00 as attorneys fees." The antecedent facts are not disputed: In 1930, Enrique Salvatierra died intestate and without any issue. He was survived by his legitimate brothers: Tomas, Bartolome, Venancio and Macario, and sister Marcela, all surnamed Salvatierra. His estate consisted of three (3) parcels of land, more particularly described in the following manner: "Cad. Lot No. 25 covered by Tax Declaration No. 11950 A parcel of land lot No. 25, situated at Poblacion, San Leonardo, Nueva Ecija. Bounded on the NE-Lots Nos. 26 & 27; on the SE-Rizal St., SW-Lot No. 24; and on the NW-Bonifacio Street. Containing an area of ONE THOUSAND ONE HUNDRED AND SIXTEEN (1,116) sq. m. more or less and assessed at P1,460.00. Cad. Lot No. 26 covered by Tax Decl. No. 11951 A parcel of land situated at Poblacion, San Leonardo, Nueva Ecija, Lot No. 26, bounded on the NE-Lot No. 29 & 27; on the SE-Lot No. 25; and on the NW-Bonifacio St. Containing an area of SEVEN HUNDRED FORTY NINE (749) sq. m. more or less and assessed at P720.00. Cad. Lot No. 27 Covered by Tax Decl. No. 11949 A parcel of land situated at Poblacion, San Leonardo, Nueva Ecija, Lot No. 27, bounded on the NE-Lot No. 28; SE-Rizal St.; SW-Lot No. 25 and on the NW-Lot No. 26. Containing an area of SIX HUNDRED SEVENTY (670) sq. m. more or less." (Exh.: B: or "2") On May 4, 1966, Macario Salvatierra sold Lot No. 26 to his son, Anselmo Salvatierra by means of a deed of sale, and in consideration of the amount of P1,000.00. Meanwhile, Marcela, prior to her death sold her 1/5 undivided share in the Estate of Enrique Salvatierra to her brother, Venancio. After the death of Bartolome, his heirs Catalina and Ignacia Marquez sold his 1/5 undivided share to Tomas and his wife, Catalina Azarcon. On September 24, 1968, an "Extrajudicial Partition with Confirmation of Sale" was executed by and among the surviving legal heirs and descendants of Enrique Salvatierra, which consisted of the aforementioned Lot No. 25, 26 and 27. By virtue of the sale executed by Marcela in favor of Venancio, the latter now owns 2/5 shares of the estate. By virtue of the sale by Bartolomes heirs Catalina and Ignacia, of his undivided shares to Tomas, now deceased, represented by his widow, Catalina Azarcon, the latter now owns 2/5 shares in the said estate. Anselmo Salvatierra represented his father Macario, who had already died. The extrajudicial partition with confirmation of sale summed up the shares assigned to the heirs of Enrique Salvatierra: "To: VENANCIO SALVATIERRA - 1,041 sq. m. known as Lot No. 27 covered by Tax Decl. No. 11949 and portion of Lot N