CALDITO v. OBADO

JENESTOR B. CALDITO and MARIA FILOMENA T. CALDITO v. ISAGANI V. OBADO and GEREON V. OBADO
G.R. No. 181596
January 30, 2017

Facts:

As early as 1921, Lot No. 1633 was declared for taxation purposes in the name of Felipe Obado (Felipe). After Felipe's death, Paterno Obado (Paterno), whom Felipe treated like his own son, subsequently occupied Lot No. 1633 and continued to pay the realty taxes of the same.

Sometime in 1995, Antonio Ballesteros (Antonio) executed an Affidavit of Ownership dated February 23, 1995 narrating his claim over the subject parcel of land. In his affidavit, Antonio claimed that Lot No. 1633 was co-owned by Felipe with his five siblings, namely: Eladia, Estanislao, Maria, Severino and Tomasa, all surnamed Obado.

On the next day following the execution of the said affidavit or on February 24, 1995, Antonio and Elena Ballesteros (Spouses Ballesteros) sold the subject parcel of land to the petitioners for the sum of P70,000.000 evidenced by a Deed of Absolute Sale. Thereafter, the petitioners declared the subject lot for taxation purposes and paid the realty taxes thereon.

In 2002, the petitioners attempted to build a house on the subject parcel of land but the respondents prevented them from completing the same. The respondents then filed a complaint before the barangay but no amicable settlement was reached between the parties. Hence, on December 8, 2003, the petitioners instituted a complaint for quieting of ownership against the respondents before the RTC, as well as an injunctive writ to prevent the respondents from interfering with the construction of their house.

For their part, the respondents averred that the Spouses Ballesteros were not the owners and possessors of the subject parcel of land. They maintained that Lot No. 1633 was inherited by their father, Paterno, from its original owner Felipe, and they have been paying the real property taxes for the entire property. They asserted that the petitioners are buyers in bad faith since their family had been in possession of the entire Lot No. 1633 since 1969 and had been in. open, peaceful and uninterrupted possession of the whole property up to the present or for more than 30 years in the concept of an owner.

After trial, the court a quo rendered its judgment in favor of the petitioners.

On appeal, the CA reversed and set aside the RTC decision.

The petitioners moved for reconsideration but the same was denied. Hence,this petition.

Issue:

Whether or not the Petitioners were able to prove ownership over the subject parcel of land.

Held:

No. The petitioners failed to: (1) prove the title of their immediate predecessors-in-interest, the Spouses Ballesteros; and (2) present evidence supporting the claim that Lot No. 1633 was co-owned by Felipe and his siblings, Eladia, Estanislao, Maria, Severino and Tomasa. Also, the Court finds that the RTC mistakenly relied upon the Affidavit of Ownership, executed by Antonio, to conclude that the petitioners were possessors in good faith and with just title who acquired the subject parcel of land through a valid deed of sale.

In this case, the petitioners' cause of action relates to an action to quiet title which has two indispensable requisites, namely: (1) the plaintiff or complainant has a legal or an equitable title to or interest in the real property subject of the action; and (2) the deed, claim, encumbrance or proceeding claimed to be casting cloud on his title must be shown to be in fact invalid or inoperative despite its prima facie appearance of validity or legal efficacy.

From the foregoing provisions, it is clear that the petitioners' cause of action must necessarily fail mainly in view of the absence of the first requisite since the petitioners were not able to prove equitable title or ownership over the subject parcel of land.

The petitioners' claim of legal title over the subject parcel of land by virtue of the Deed of Sale and Affidavit of Ownership issued by Antonio cannot stand because they failed to prove the title of their immediate predecessors-in-interest, the Spouses Ballesteros. The Court cannot give full credence to Antonio's Affidavit of Ownership for he simply made general and self-serving statements therein which were favorable to him, and which were not supported with documentary evidence, with no specifics as to when their predecessors-in-interest acquired the subject parcel of land, and when the Donations Propter Nuptias were made. Indeed, such is hardly the well-nigh incontrovertible evidence required in cases of this nature. The petitioners must present proof of specific acts of ownership to substantiate his claim and cannot just offer general statements which are mere conclusions of law than factual evidence of possession.

Moreso, Antonio was not even called to the witness stand to testify on the contents of his Affidavit of Ownership, thus, making the affidavit hearsay evidence and its probative value questionable

Furthermore, the said affidavit was executed by Antonio only a day before the subject parcel of land was sold to the petitioners. The trial court should have considered this in evaluating the value of the said affidavit in relation to the ownership of the subject parcel of land. The trial court's reliance on the Affidavit of Ownership executed by Antonio that the entire Lot No. 1633 was co-owned by Felipe and his siblings, Eladia, Estanislao, Maria, Severino and Tomasa is misplaced, considering that nothing on record shows the relationship between Felipe and his supposed legal heirs. It also indicates the fact that there is no evidence showing Felipe predeceasing all his supposed siblings. Moreover, no other piece of evidence was ever presented to prove that Lot No. 1633 was ever subdivided.