G.R. No. 155193 - ELEUTERIO OLAVE, LUCIANO OLAVE, THELMA C. LAPENA, IDONNAH C. LOPEZ AND HEIDI C. DE JESUS, VS. TEODULO MISTAS, PACITA MISTAS, ANTONINA MISTAS, LUCITA MISTAS, MIGUELA MISTAS, FELIX MISTAS, AURELIO MISTAS, LUDEGARIO MISTAS, TOMASA OLAVE, FELISA MISTAS, ESTANISLAO MISTAS, BASILIA MISTA

Ruling

WHEREFORE, it is respectfully prayed that after due notice and hearing an order be issued by this Honorable Court Declaring the Affidavit of Adjudication by Heirs of the Estate of Deceased Person with Sale null and void and no effect as to the one-half share of herein plaintiffs to this property subject matter of this complaint; Declaring herein plaintiffs the owners of one-half share of this property described in paragraph 2 of the complaint as the heirs of their parents, Sps. Basilio Mistas and Agatona Arellano and their aunt Maria Mistas; Allowing herein plaintiffs to exercise the right of legal redemption to the remaining half as co-owners of defendants Eleuterio and Luciano Olave; Ordering the Register of Deeds of Lipa City to cancel Original Certificate of Title No. 8756 (27936) and new Transfer Certificate of Title be issued in the name of the Plaintiffs; Ordering defendants Thelma Lapena, Idonnah Lopez and Heidi de Jesus to reconvey and surrender the possession of said land to herein plaintiffs; Ordering defendants, jointly and severally, to pay plaintiffs attorneys fees and expenses for litigation in the amount stated in this paragraph; PLAINTIFFS further pray for such other relief just and equitable under the premises. [1] On October 14, 1996, the petitioners filed a Twin Motion alleging that, aside from the respondents, the deceased co-owners of the property were survived by the following: Antonina Mistas, a sister to both Pacita and Teodulo, on the alleged share of their father Basilio and aunt Maria; Generoso Mistas, plaintiffs brother who upon his demise was survived by his children, who are plaintiffs nephews and nieces on the alleged share of Basilio and that of Maria, namely: Lucila, Miguela, Felix, Aurelio and Ludegario, all surnamed Mistas, and Tomasa Olave, Generosos spouse; Plaintiffs cousins by their deceased uncle Leon Mistas, Basilios brother, namely: Felisa, Alfredo, Basilia and Ireneo, all surnamed Mistas, on the alleged share of Maria. [2] The petitioners alleged that all other heirs of the deceased co-owners were indispensable parties and, as such, should be impleaded by respondents Teodulo and Pacita Mistas in an amended complaint. The respondents agreed to do so and filed an Amended Complaint [3] on November 12, 1996, without, however, impleading the other heirs of the deceased co-owners. This prompted the trial court to issue an Order [4] on December 4, 1996, requiring the respondents to include the other heirs as parties-plaintiffs in their complaint. The respondents filed a motion for reconsideration of the said order, which was denied by the trial court on February 10, 1997. On March 7, 1997, respondents Teodulo and Pacita Mistas filed their second amended complaint, impleading the other heirs [5] as parties-plaintiffs. However, the respondents failed to comply with SC Circular No. 04-94, [6] impelling the petitioners to file a motion praying for the court to direct the respondents and their counsel to c