G.R. No. 116155 -

Ruling

accordingly obtained a new title, TCT No. T-2119, in his name. In 1963, private respondent left the conjugal abode as a result of a violent quarrel with Francisco. Soon after, Francisco also left their home to live in isolation for the next twenty-five (25) years. On May 13, 1990, Francisco died intestate survived by his wife, private respondent, and nine (9) of their eleven (11) children. The surviving children are Francisco, Jr., Dominador, Leonila, Leopoldo, Merla, Bernardino, Conchita, Rex and Ramonito. The estate of Francisco consisted of two (2) parcels of land with one located at Budbud, Bunawan, Davao City and measuring 101,318 square meters, and the other located at Licanan, Bunawan, also in Davao City, with an area of 21,553 square meters. The Budbud property was registered in the name of "Francisco Gulang married to Florencia Gulang" under TCT No. T-2119 while the Licanan property was registered in the name of Francisco Gulang under TCT No. T-33640. On July 30, 1990, the heirs of Francisco executed a deed of extrajudicial settlement of estate and waiver of rights. In that document, private respondent waived her rights and interests in the property covered by TCT No. T-2119 in favor of her children. While petitioners waived their rights and interests in the property covered by TCT No. T-33640 in favor of private respondent. [2] On November 11, 1991, petitioners caused the registration of the deed of extrajudicial settlement of estate and waiver of rights with the Register of Deeds of Davao. Subsequently, each of petitioners and private respondent obtained new certificates of title with private respondent having TCT No. 169070 in her name and her nine (9) children, TCT Nos. T-169060 to 169069, with Rex having two titles in his name. Sometime in 1991, a neighbor advised private respondent about the illegality of the document executed by her and her children. Efforts to settle the familys differences at the barangay level having failed, [3] private respondent on February 5, 1991 filed before the Regional Trial Court of Davao City, an action for judicial partition praying that the two (2) parcels of land in her husbands name be partitioned among his heirs. [4] In answer, petitioners alleged that private respondent left the conjugal home, her husband and children aged three (3) to twenty-three (23) years to live with a lesbian; that private respondent filed a criminal case for light threats against Francisco who was subsequently acquitted of the crime charged; that it was only after the death of Francisco that private respondent tried to make amends with them "with the end purpose of asking a share from the property;" that the properties left by Francisco were his exclusive property as he had acquired these by lucrative title either by succession or inheritance after private respondent had abandoned him, and that, despite her having abandoned them, they showed their love and concern for their "wayward" mother by giving her a share in the p