G.R. No. 129163 - VOLTAIRE ARBOLARIO, LUCENA ARBOLARIO TA-ALA, FE ARBOLARIO, EXALTACION ARBOLARIO, CARLOS ARBOLARIO, AND SPOUSES ROSALITA RODRIGUEZ AND CARLITO SALHAY, VS. COURT OF APPEALS, IRENE COLINCO, RUTH COLINCO, ORPHA COLINCO AND GOLDELINA COLINCO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the judgment appealed from is hereby REVERSED and a new one is accordingly entered (a) in Civil Case No. 385, DISMISSING the complaint and [counter-claim]; (b) in Civil Case No. 367, ORDERING the defendant spouses to vacate the premises occupied within Lot 323, Ilog Cadastre, registered under T.C.T. No. 140081 in favor of Irene Colinco, Ruth Colinco, Orpha Colinco and Goldelina Colinco. [4] On the other hand, the assailed Resolution denied reconsideration: [5] The Facts The facts of the case are summarized by the CA as follows: The original owners of the controverted lot, spouses Anselmo Baloyo and Macaria Lirazan had five (5) children, namely: (1) Agueda Colinco, (2) Catalina Baloyo, (3) Eduardo Baloyo, (4) Gaudencia Baloyo, and (5) Julian Baloyo. All of the above-named persons are now dead. The first child, Agueda Colinco, was survived by her two children, namely, Antonio Colinco and [respondent] Irene Colinco. Antonio Colinco predeceased his three daughters, herein [respondents], Ruth, Orpha, and Goldelina, all surnamed Colinco. The second child, Catalina Baloyo, was married to Juan Arbolario. Their union was blessed with the birth of only one child, Purificacion Arbolario, who, in 1985, died a spinster and without issue. Records disclose moreover that decedent Purificacions father, Juan Arbolario, consorted with another woman by the name of Francisca Malvas. From this cohabitation was born the [petitioners], viz , Voltaire Arbolario, Lucena Arbolario Taala, Fe Arbolario, Exaltacion Arbolario, and Carlos Arbolario (referred to hereinafter as Arbolarios). It is significant to note, at this juncture, that all the foregoing [petitioners] were born well before the year 1951. In 1946, it appears that the third child, Eduardo Baloyo, sold his entire interest in Lot 323 to his sister, Agueda Baloyo Colinco, by virtue of a notarized document acknowledged before Notary Public Deogracias Riego. In 1951, a notarized declaration of heirship was executed by and between Agueda, Catalina, Gaudencia, and their brothers Eduardo and Julian, who extrajudicially declared themselves to be the only heirs of the late spouses Anselmo Baloyo and Macaria Lirazan. The fourth child, Gaudencia Baloyo, conveyed her interest in the said lot in favor of her two nieces, Irene Colinco to one-half (1/2) and Purificacion Arbolario to the other half. And as far as Julian Baloyo -- the fifth and last child --was concerned, records could only show that he was married to a certain Margarita Palma; and that he died, presumably after 1951 without any issue. Purificacion Arbolario was then allowed to take possession of a portion of the disputed parcel until her death sometime in 1984 or 1985. It was under the foregoing set of facts that [respondents] Irene Colinco, Ruth Colinco, Orpha Colinco, and Goldelina Colinco, believing themselves to be the only surviving heirs of Anselmo Baloyo and Macaria Lirazan, executed a Declaration of Heirs