Sumaya v. IAC
G.R. No. 68843-44, September 2, 1991
FACTS:
Raul Balantakbo inherited from two (2) different ascendants the two (2) sets of properties subject of this case: 1) 1/3 interest of a parcel of land from his father Jose, Sr., who died on January 28, 1945; and 2) 1/7 interest from his maternal grandmother, Luisa Bautista, who died on November 3, 1950. On June 13, 1952, Raul died intestate, single, without any issue, and leaving only his mother, Consuelo Joaquin Vda. deBalantakbo, as his sole surviving heir to the subject real properties.
Vda. de Balantakbo caused the registration of an affidavit of self-adjudication of the estate of Raul, wherein it was clearly stated that the properties were inherited by Raul from his father Jose, Sr. and from his maternal grandmother, Luisa Bautista.
Vda de Balantakbo sold the property to Sumaya which was subsequently sold to Villa Honorio Development Corporation. Villa then transferred and assigned its rights over the property to Agro Industrial Coconut Cooperative.
The parties admit that the certificates of titles covering the above described properties do not contain any annotation of its reservable character.
On March 4, 1970,five brothers in full blood of Raul Balantakbo and three surviving children of deceased Jose Balantakbo, Jr., another brother of the first named Balantakbos, filed civil cases to recover the subject properties which they claimed were subject to a reservatroncal in their favor.
ISSUE:
Whether or not the affidavit of self-adjudication executed by Consuelo stating the source of the properties thereby showing the reservable nature of the properties is sufficient annotation of the reservable nature of the same.
RULING:
NO. The Court disagreed with the disposition of the appellate court that there is no need to register the reservable character of the property, if only for the protection of the reservees (reservatarios), against innocent third persons.
In this case, the affidavit of self adjudication executed by Consuelo Vda. de Balantakbo which contained a statement that the property was inherited from a descendant, Raul, which has likewise inherited by the latter from another ascendant, was registered with the Registry of Property. The failure of the Register of Deeds to annotate the reservable character of the property in the certificate of title cannot be attributed to Consuelo.
As to the sale of subject properties, the Court affirmed the order of lower courts against plaintiff Agro Industrial Coconut Cooperative to convey the subject properties back to reservatarios. The Court held that there is sufficient proof that the petitioners had actual knowledge of the reservable character of the properties before they bought the same from Consuelo as evidenced by the Deed of Sale executed by the parties.
Moreover, the Court a quo found that the petitioners and private respondents were long time acquaintances and that they knew all along that the properties litigated in this case were inherited by Raul Balantakbo from his father and from his maternal grandmother, and that Consuelo Vda. deBalantakbo inherited these properties from his son Raul.
