G.R. No. 212126 - HEIRS OF ELISEO BAGAYGAY, NAMELY: ANECITA P. BAGAYGAY, ELADIO BAGAYGAY, INOCENCIO BAGAYGAY, AND MARY MAE BAGAYGAY, VS. HEIRS OF ANASTACIO PACIENTE, NAMELY: MEREGILDO PACIENTE, ADELAIDA P. TUAZON, CECILIA P. KWAN, FRANCIS ROY PACIENTE, FERNANDO PACIENTE, ARTURO PACIENTE, ANASTACIO P

Ruling

Accordingly, on October 24, 1953, an Original Certificate of Title (OCT) No. V-2423 was issued in his name. [5] Thereafter, by virtue of a Deed of Sale allegedly executed by Anastacio in favor of his brother-in-law, Eliseo Bagaygay (Eliseo), the latter took possession of the subject land, transferred the title under his name, and later caused the subdivision of the entire land into three (3) lots covered by Transfer Certificates of Title (TCT) Nos. T-34610, [6] T-34611, [7] and T-34612. [8] On March 7, 1989, Anastacio died. [9] Two years later, on March 18, 1991, Eliseo likewise passed away. [10] His wife, petitioner Anecita P. Bagaygay (Anecita), and his children, namely: petitioners Eladio Bagaygay, Inocencio Bagaygay (Inocencio), Julia Bagaygay (Julia), and Mary Mae Bagaygay took possession of the subject land upon his death. On December 21, 1999, the heirs of Anastacio, namely: respondents Meregildo Paciente (Meregildo), Adelaida P. Tuazon, Cecilia P. Kwan, Francis Roy Paciente, Fernando Paciente, Arturo Paciente (Arturo), Anastacio Paciente, Jr., Milagros P. Montejo, and Magdalena P. Orlido, filed before the Regional Trial Court (RTC) of Surallah, South Cotabato, an action for Declaration of Nullity of the Deed of Sale and the titles, Recovery of Ownership and Possession, Accounting and Damages, [11] docketed as Civil Case No. 679-S, against the heirs of Eliseo (petitioners). Respondents alleged that sometime in 1956, Eliseo, taking advantage of the financial distress of Anastacio, was able to obtain the latter's title and take possession of his land; that despite repeated demands by Anastacio, Eliseo refused to return the title and possession of the land; that Eliseo caused the cancellation of Anastacio's title through a fictitious Deed of Sale; that Anastacio never sold the subject land; and that the said Deed of Sale was likewise void as it was executed during the five (5)-year period of prohibition under Section 118 [12] of the Public Land Act. [13] Petitioners moved to dismiss the complaint on the grounds of failure to state a cause of action, prescription, and laches [14] but the same was unavailing. [15] Petitioners thus filed their Answer [16] with compulsory counterclaim arguing that respondents have no cause of action against them as the subject land was validly purchased by their father. Petitioners likewise raised as defenses prescription and laches. Trial then ensued. Since a copy of the Deed of Sale could no longer be found, respondents presented as witness the Registrar of Deeds of Kidapawan, South Cotabato, Atty. Amelia Casabar, to identify in court the Primary Entry Book [17] of the Registry of Deeds of South Cotabato and prove that the Deed of Sale was executed within the 5-year prohibitory period. Eliseo's title, TCT No. T-7244 [18] which contains the annotation of the Certification issued by the Register of Deeds of South Cotabato stating that the original copy of OCT No. V-2423 was lost from the files and that as per rec