FIRST DIVISION
[G.R. No. 255035. September 29, 2021.]
BERNARDO SADIO,1 FELICISIDAD BAUTISTA, TERESITA MANIPON, and AGRIPINA 2 SADIO, petitioners,vs. HEIRS OF MARCELINA SADIO, NAMELY, ERNESTO AQUINO, PORFIRIO AQUINO, ROSALINDA AQUINO, ADORACION A. AGAM, BEATRIZ AGAM, REPRESENTED BY THEIR ATTY-IN-FACT ADORACION AGAM; ROGELIO AQUINO, LEOPOLDO AQUINO, JOSE AQUINO, CANDIDO AQUINO, ARCELINA SALINAS, EMILIO AQUINO, AURORA CASTILLO, BOBBY AQUINO, BERNABE AQUINO, ROSALINDA CABURIAN, ALL REPRESENTED BY THEIR ATTY-IN-FACT ROSALINDA CABURIAN; VIRGINIA ARCIBAL, AMBROSIO AQUINO, JR., AURORA AQUINO, BELLA BROOKS, CARLOS AQUINO, DOLORES CONZON, EDUARDO AQUINO, AMBROSIO A. AQUINO, BONGBONG AQUINO, JANET AQUINO, FRANCISCO AQUINO, LORETA AQUINO, ROBERTO AQUINO, AND ANTONIO AQUINO, ALL REPRESENTED BY THEIR ATTY-IN-FACT ANTONIO AQUINO; FERDINAND CASTILLO and PABLO AQUINO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated September 29, 2021which reads as follows: HTcADC
"G.R. No. 255035 — Bernardo Sadio, Felicisidad Bautista, Teresita Manipon, and Agripina Sadio v. Heirs of Marcelina Sadio, namely, Ernesto Aquino, Porfirio Aquino, Rosalinda Aquino, Adoracion A. Agam, Beatriz Agam, represented by their Atty-In-Fact Adoracion Agam; Rogelio Aquino, Leopoldo Aquino, Jose Aquino, Candido Aquino, Arcelina Salinas, Emilio Aquino, Aurora Castillo, Bobby Aquino, Bernabe Aquino, Rosalinda Caburian, all represented by their Atty-In-Fact Rosalinda Caburian; Virginia Arcibal, Ambrosio Aquino, Jr., Aurora Aquino, Bella Brooks, Carlos Aquino, Dolores Conzon, Eduardo Aquino, Ambrosio A. Aquino, Bongbong Aquino, Janet Aquino, Francisco Aquino, Loreta Aquino, Roberto Aquino, and Antonio Aquino, all represented by their Atty-In-Fact Antonio Aquino; Ferdinand Castillo and Pablo Aquino3
We affirm.
Quieting of title is a common-law remedy designed for the removal of any cloud upon, or doubt, or uncertainty affecting title to real property. 4 For an action to quiet title to prosper, two (2) indispensable requisites must concur, viz.: (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 a cloud on his title must be shown to be in fact invalid or inoperative despite its prima facie appearance of validity or legal efficacy. 5 Here, the Heirs of Marcelina Sadio sufficiently established that they have a better right over the lot than Bernardo Sadio, et al.
The trial court held that Bernardo, et al., as the heirs of Marcelino Sadio, are the owners of the subject lot because the tax declarations covering the same was declared in the name of Marcelino as early as 1951.
Records show, however, that the lot was actually declared for taxation purposes by Marcelina's mother Maria Capisanan (Maria) as early as 1918. 6 Then, there is on record the notarized 1933 Deed of Donation executed by Maria in favor of Marcelina, which donation, the latter accepted in the same deed. Tax receipts 7 covering the subject lot were also issued in the name of Marcelina from 1935 to 1948. 8 Marcelina later on also donated the lot to her son Ambrosio through a notarized Donation of Real Property dated April 7, 1963. 9 Thus, Marcelina was already the owner of the lot even before the same was allegedly declared for taxation purposes in the name of Marcelino in 1951.
Republic v. Metro Index Realty and Development Corporation10 decreed that tax declarations are mere bases for inferring possession. To constitute "well-nigh incontrovertible" evidence of a claim of ownership, they must be coupled with proof of actual possession. 11 Here, as admitted by Bernardo, et al., the Heirs of Marcelina were the ones in actual physical possession of the lot. On the other hand, Bernardo, et al. were never able to show at all that they had ever been in possession of, let alone, exercised acts of ownership over the lot. Thus, as between Marcelina and her heirs, on one hand, and Marcelino and his heirs, on the other, the former have a better claim of ownership over the lot which have been in their actual possession since 1918.
There being no proof that Marcelina or Ambrosio conveyed their rights over the lot to Marcelino or any of his (Marcelino) heirs, Ambrosio, to whom Marcelina donated the lot remains to be the owner thereof. Upon the death of Ambrosio, his heirs and assigns succeeded as owners of the lot.
The Court of Appeals, therefore, did not commit any reversible error when it declared the Heirs of Marcelina Sadio to be the lawful owner of the lot.
WHEREFORE, the Decision dated December 18, 2020 of the Court of Appeals in CA-G.R. CV No. 112712 is AFFIRMED.
1. The title of the petition is CORRECTED to reflect the accurate designations of the parties as petitioners and respondents, respectively, viz.: "Bernardo Sadio, Felicisidad Bautista, Teresita Manipon, and Agripina Sadio, petitioners v. Heirs of Marcelina Sadio, namely, Ernesto Aquino, Porfirio Aquino, Rosalinda Aquino, Adoracion A. Agam, Beatriz Agam, represented by their atty-in-fact Adoracion Agam; Rogelio Aquino, Leopoldo Aquino, Jose Aquino, Candido Aquino, Arcelina Salinas, Emilio Aquino, Aurora Castillo, Bobby Aquino, Bernabe Aquino, Rosalinda Caburian all represented by their atty-in-fact Rosalinda Caburian; Virginia Arcibal, Ambrosio Aquino, Jr., Aurora Aquino, Bella Brooks, Carlos Aquino, Dolores Conzon, Eduardo Aquino, Ambrosio A. Aquino, Bongbong Aquino, Janet Aquino, Francisco Aquino, Loreta Aquino, Roberto Aquino and Antonio Aquino all represented by their atty-in-fact Antonio Aquino; Ferdinand Castillo and Pablo Aquino, respondents"; aScITE
2. Respondent Heirs of Marcelina Sadio, namely, Ernesto Aquino, Porfirio Aquino, Rosalinda Aquino, Adoracion A. Agam, Beatriz Agam, Rogelio Aquino, Leopoldo Aquino, Jose Aquino, Candido Aquino, Arcelina Salinas, Emilio Aquino, Aurora Castillo, Bobby Aquino, Bernabe Aquino, Rosalinda Caburian, Virginia Arcibal, Ambrosio Aquino, Jr., Aurora Aquino, Bella Brooks, Carlos Aquino, Dolores Conzon, Eduardo Aquino, Ambrosio A. Aquino, Bongbong Aquino, Janet Aquino, Francisco Aquino, Loreta Aquino, Roberto Aquino and Antonio Aquino, Ferdinand Castillo, and Pablo Aquino are declared to be the lawful owners of the 6,020 square-meter riceland and 6,006-square-meter cornland located in Lelemaan, Manaoag, Pangasinan; and
3. Any current, outstanding or derivative tax declarations in the name of Marcelino Sadio or Vicente Sadio over the lot in question are CANCELLED.
SO ORDERED."
By authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
By:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
1. Bernardo Sadio died on May 28, 2010 and was substituted by his wife and children, rollo, p. 158.
2. Spelled as "Agrifina" in some portions of the rollo.
3. The designation of the parties in the rollo were interchanged, thus, the title of the case is corrected. The petition was filed by Bernardo Sadio, Felicisidad Bautista, Teresita Manipon, and Agripina Sadio, but they were erroneously named as "respondents" in their petition.
4. See James v. Eurem Realty Development Corporation, 719 Phil. 501, 511 (2013).
5. See Sps. Chua and Palomaria v. Sps. Lo and Becina, G.R. No. 196743, August 14, 2019.
6.Rollo, p. 44.
7.Id. at 90.
8.Id. at 113.
9.Id. at 89.
10. 690 Phil 31, 40 (2012).
11.Heirs of Delfin v. Rabadon, 715 Phil. 569, 577 (2013).