Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1983 > October 1983 Decisions > G.R. No. L-58849 October 27, 1983 - ANGEL V. CAGUIOA v. COURT OF APPEALS, ET AL.

210 Phil. 353:




PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. L-58849. October 27, 1983.]

ANGEL V. CAGUIOA, Petitioner, v. COURT OF APPEALS and LUZONICA D. DORIA-DEL ROSARIO and RIZALINO D. DORIA, as Heirs of VALENTIN C. DORIA, Respondents.

Salvador N. Beltran for Petitioner.

Renato F. Gonzaga for Private Respondents.


R E S O L U T I O N


AQUINO, J.:


This is a controversy over the partition of Lot 11, a 500-square meter lot of the Philippine Homesite and Housing Corporation located at the former War Damage Compound in Quezon City valued at P7,994.60 (p. 16, Rollo; p. 19, CA Rollo)

Lot 11 was applied for by Jose Panti who in 1960 transferred his rights to Vicente Manzon. There was an agreement between Manzon and one Valentin C. Doria to divide the lot equally, each paying one-half of the price to the PHHC. Doria paid P2,314 in Panti’s name.chanrobles virtualawlibrary chanrobles.com:chanrobles.com.ph

Panti was issued on April 1, 1964 a title for the lot. On May 7, 1964 he formally sold the lot to Manzon for P9,000. A new title was issued to Manzon who sold it to Angel V. Caguioa who obtained a new title and thereafter mortgaged the lot to the Quezon City Development Bank (p. 19, CA Rollo).

Doria sued Panti, Manzon and Caguioa to recover his one-half share of the lot. Judge Pacifico de Castro in a decision dated October 23, 1971 ordered Caguioa "to convey to the plaintiff (Doria) 1/2 of Lot 11" upon payment within five months of the balance still due on his share with 12% interest a year from May 10, 1964. This decision was affirmed by the Court of Appeals on February 2, 1977 (pp. 21-29, CA Rollo).

Doria paid the balance. Pursuant to a writ of execution, Caguioa on September 30, 1977, executed a formal conveyance of one-half of the lot to Doria (p. 33, Rollo). To put an end to the co-ownership and in the course of the contempt proceeding against Caguioa, the lower court issued an order on October 5, 1977 directing Doria to have the lot surveyed and divided into two equal parts. Copies of the order were sent to Caguioa and his counsel (p. 48, CA Rollo).

The lot was divided by the surveyor into a front lot, Lot 11-A, and an interior lot, Lot 11-B, but giving the interior lot a three-meter wide access from the street.

The case was set for hearing on July 20, 1978, with notice to Caguioa, for approval of the subdivision plan. But Caguioa did not appear at the hearing. Nevertheless, the lower court proceeded to adjudicate the two subdivision lots by means of tossing of a coin: if the head came out, Doria would get the front lot and if the tail came out, Caguioa would get that front lot.

A coin was tossed. The head came out: The court in its order of July 20, 1978 adjudged Doria the owner of the front lot and ordered that Caguioa and Doria share the survey expenses amounting to P1,530 (pp. 66-68; CA Rollo)

On November 10, 1978, the branch clerk of court executed the corresponding deed of conveyance to Doria for the front lot (pp. 69-71, CA Rollo). TCT No. 271595 was issued to Doria while TCT No. 271596 was issued to Caguioa on August 26, 1980.chanrobles.com : virtual law library

On March 1, 1979, Caguioa sold for P30,000 his supposed one-half proindiviso share in Lot 11 to Aurea Cabatbat, the wife of Vicente Manzon, a resident of 4 General Segundo Street, Quezon City, the same place where Caguioa resided. (The sale was later suspended.)

As Doria had not yet taken possession of the front lot, he filed a motion dated December 29, 1980 for a writ of possession. It was set for hearing on January 15, 1981. A copy of the motion was furnished Caguioa. The motion was granted. A writ of possession was issued on January 20, 1981. The sheriff sent a notice to vacate to Caguioa dated January 29, 1981.

On February 10, 1981, Caguioa filed a petition for certiorari and prohibition in the Court of Appeals, assailing the proceedings in the lower court. He contended that no writ of possession could be issued in the case and that it would have been more just to partition that lot by allowing the parties to divide it frontally.

The Court of Appeals dismissed the petition. It found Caguioa guilty of laches in assailing the 1978 order which partitioned the lot by means of the tossing of a coin. (CA-G.R. No. SP-12023, July 15, 1981.) He appealed to this Court.

After deliberating on the petition and private respondent’s comment, the Court Resolved to dismiss the same because (1) as found by the Court of Appeals, its decision had already become final and (2) if it had not become final and the instant petition was filed on time, the said petition lacks merit.

The Appellate Court correctly concluded that Caguioa is not really assailing the writ of possession dated January 20, 1981 but the order of July 20, 1978, partitioning the lot in question which had long become final. At this late hour, he cannot impugn anymore that 1978 order.chanrobles.com.ph : virtual law library

It is noteworthy that Doria’s transaction with Panti regarding the lot in question commenced in 1951. He died in 1982 or thirty-one years later. It is deplorable that at the time of his death possession of his share of the lot had not yet been delivered to him.

WHEREFORE, the petition is dismissed for lack of merit.

SO ORDERED.

Makasiar (Chairman), Concepcion, Jr., Guerrero, Abad Santos and Escolin, JJ., concur.

De Castro, J., is on sick leave and he did not take part.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






October-1983 Jurisprudence                 

  • G.R. No. L-39683 October 10, 1983 - PEOPLE OF THE PHIL. v. ROGELIO PERIO-PERIO

    210 Phil. 1

  • G.R. No. L-58595 October 10, 1983 - PEOPLE OF THE PHIL. v. RICARDO M. ILARDE, ET AL.

  • G.R. No. L-60577 October 11, 1983 - JOSEFA LEGASPI-SANTOS v. COURT OF APPEALS, ET AL.

    210 Phil. 20

  • G.R. No. L-61684 October 11, 1983 - ROLANDO ROXAS SURVEYING COMPANY v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

    210 Phil. 24

  • G.R. No. L-64397 October 11, 1983 - CARNATION PHILIPPINES EMPLOYEES LABOR UNION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

    210 Phil. 30

  • G.R. No. L-49044 October 12, 1983 - PEOPLE OF THE PHIL. v. LAO WAN SING

    210 Phil. 32

  • G.R. No. L-61408 October 12, 1983 - PEOPLE OF THE PHIL. v. ISIDRO CLORES, ET AL.

    210 Phil. 51

  • G.R. No. L-57259 October 13, 1983 - ANGEL P. PERAN v. PRESIDING JUDGE, BRANCH II, COURT OF FIRST INSTANCE OF SORSOGON, ET AL.

    210 Phil. 60

  • G.R. No. L-27602 October 15, 1983 - VICENTE CAOILE, ET AL. v. MARTINIANO P. VIVO, ET AL.

    210 Phil. 67

  • G.R. No. L-60706 October 15, 1983 - PEOPLE OF THE PHIL. v. ANDRES GREFIEL

    210 Phil. 83

  • G.R. No. L-65162 October 15, 1983 - IN RE: MONICO B. BIGLAEN v. JOSEPHUS RAMAS, ET AL.

    210 Phil. 92

  • G.R. No. L-33459 October 20, 1983 - PEOPLE OF THE PHIL., ET AL. v. ONOFRE A. VILLALUZ, ET AL.

    210 Phil. 95

  • Adm. Case No. 1354 October 24, 1983 - COSME ROSELL v. JOSE E. FANTONIAL

  • G.R. No. L-49101 October 24, 1983 - RAOUL S.V. BONNEVIE, ET AL. v. COURT OF APPEALS, ET AL.

    210 Phil. 100

  • G.R. No. L-50143 October 24, 1983 - MARIA TEVES VDA. DE BACANG v. COURT OF APPEALS, ET AL.

    210 Phil. 113

  • G.R. No. L-51906 October 24, 1983 - PLARIDEL C. JOSE v. CHAM SAMCO & SONS, INC., ET AL.

  • G.R. No. L-61078 October 24, 1983 - PEOPLE OF THE PHIL. v. BARTOLOME JABEGUERO

    210 Phil. 119

  • G.R. No. L-63761 October 24, 1983 - IN RE: LETICIA H. GORDULA v. JUAN PONCE ENRILE, ET AL.

    210 Phil. 127

  • G.R. No. L-61105 October 25, 1983 - PEOPLE OF THE PHIL. v. LORENZO UNTALASCO, JR., ET AL.

    210 Phil. 132

  • G.R. No. L-31179 October 26, 1983 - PEOPLE OF THE PHIL. v. ULPIANO YARCIA, ET AL.

    210 Phil. 144

  • G.R. No. L-31949 October 26, 1983 - PEOPLE OF THE PHIL. v. ILDEFONSO BRECINIO

    210 Phil. 152

  • G.R. No. L-38700 October 26, 1983 - PEOPLE OF THE PHIL. v. LUDOVICO CERVANTES, ET AL.

    210 Phil. 156

  • G.R. No. L-44429 October 26, 1983 - PEOPLE OF THE PHIL. v. ELEUTERIO TORRES

    210 Phil. 167

  • G.R. No. L-50300 October 26, 1983 - PEOPLE OF THE PHIL. v. ROMEO YAP, ET AL.

    210 Phil. 171

  • G.R. Nos. L-60549, 60553 to 60555 October 26, 1983 - HEIRS OF JUANCHO ARDONA, ET AL. v. JUAN Y. REYES, ET AL.

    210 Phil. 187

  • G.R. No. L-60665 October 26, 1983 - PEOPLE OF THE PHIL. v. CIRILO FLORES

    210 Phil. 208

  • G.R. No. L-61679 October 26, 1983 - PEOPLE OF THE PHIL. v. PONCIANO OYDOC

    210 Phil. 214

  • G.R. No. L-64731 October 27, 1983 - PEOPLE OF THE PHIL. v. PRESIDING JUDGE, URDANETA, PANGASINAN, ET AL.

    210 Phil. 222

  • Adm. Case No. 1092 October 27, 1983 - VICENTE LIM v. FRANCISCO G. ANTONIO

    210 Phil. 226

  • Adm. Case No. 1422 October 27, 1983 - JESUS V. MERRITT v. HERMINIO H. CACANINDIN

    210 Phil. 230

  • Adm. Case No. 1519 October 27, 1983 - WENCESLAO SUMAPIG v. MACARIO ESMAS, JR.

    210 Phil. 232

  • Adm. Case No. 2266 October 27, 1983 - HERMINIO R. NORIEGA v. EMMANUEL R. SISON

    210 Phil. 236

  • G.R. No. L-24548 October 27, 1983 - WENCESLAO VINZONS TAN v. DIRECTOR OF FORESTRY, ET AL.

  • G.R. No. L-26746 October 27, 1983 - JUSTO ALCARAZ, ET AL. v. RICARDO RACIMO, ET AL.

    210 Phil. 267

  • G.R. No. L-32550 October 27, 1983 - PHILIPPINE VIRGINIA TOBACCO ADMINISTRATION v. ANTONIO G. LUCERO, ET AL.

    210 Phil. 276

  • G.R. No. L-35336 October 27, 1983 - AMALIA VDA. DE SUAN, ET AL. v. VICENTE N. CUSI, JR., ET AL.

    210 Phil. 284

  • G.R. No. L-37766 October 27, 1983 - ROGELIA PERARTILLA, ET AL. v. COURT OF APPEALS, ET AL.

    210 Phil. 289

  • G.R. No. L-39835 October 27, 1983 - PHILIPPINE VETERANS AFFAIRS OFFICE v. LINO L. AÑOVER, ET AL.

    210 Phil. 291

  • G.R. No. L-40111 October 27, 1983 - PEDRO S. RAVELO, ET AL. v. COURT OF APPEALS, ET AL.

    210 Phil. 302

  • G.R. No. L-45857 October 27, 1983 - PEOPLE OF THE PHIL. v. ERNESTO SISON

    210 Phil. 305

  • G.R. No. L-48419 October 27, 1983 - EDUARDO M. LESACA v. SERAFIN R. CUEVAS, ET AL.

    210 Phil. 316

  • G.R. No. L-50320 October 27, 1983 - PHILIPPINE APPAREL WORKERS UNION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

    210 Phil. 322

  • G.R. No. L-50419 October 27, 1983 - FRANCISCO K. REDOR, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-53431 October 27, 1983 - BOARD OF TRANSPORTATION v. JOSE P. CASTRO, ET AL.

    210 Phil. 338

  • G.R. No. L-55539 October 27, 1983 - DIOSA DE LEON v. EMPLOYEES’ COMPENSATION COMMISSION, ET AL.

    210 Phil. 347

  • G.R. No. L-58399 October 27, 1983 - EUSEBIO BERNABE, ET AL. v. ABELARDO M. DAYRIT, ET AL.

    210 Phil. 349

  • G.R. No. L-58849 October 27, 1983 - ANGEL V. CAGUIOA v. COURT OF APPEALS, ET AL.

    210 Phil. 353

  • G.R. No. L-59280 October 27, 1983 - PANTRANCO NORTH EXPRESS, INC. v. COURT OF APPEALS, ET AL.

    210 Phil. 356

  • G.R. No. L-60716 October 27, 1983 - AGUSAN DEL NORTE ELECTRIC COOPERATIVE, INC., ET AL. v. FORTUNATO A. VAILOCES, ET AL.

    210 Phil. 360

  • G.R. No. L-61289 October 27, 1983 - FIRST INTEGRATED BONDING & INSURANCE CO., INC. v. MARIO M. DIZON, ET AL.

    210 Phil. 364

  • G.R. No. L-62339 October 27, 1983 - MARIA LUISA P. MORATA, ET AL. v. VICTOR GO, ET AL.

    210 Phil. 367

  • G.R. No. L-62376 October 27, 1983 - MARIA VELASQUEZ, ET AL. v. WILLIAM GEORGE, ET AL.

    210 Phil. 378

  • G.R. No. 63779 October 27, 1983 - ASSOCIATED ANGLO-AMERICAN TOBACCO CORPORATION, ET AL. v. MANUEL M. LAZARO, ET AL.

    210 Phil. 384

  • Adm. Case No. 1856 October 28, 1983 - SALVACION E. MARCAYDA v. JUSTINIANO P. NAZ

    210 Phil. 386

  • G.R. No. L-54009 October 28, 1983 - VALLEY GOLF CLUB, INC. v. EMILIO SALAS, ET AL.

    210 Phil. 390

  • G.R. No. L-54448 October 28, 1983 - UNIVERSITY OF SANTO TOMAS, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

    210 Phil. 399

  • G.R. No. L-55337 October 28, 1983 - NINFA F. CUA v. EULALIO D. ROSETE, ET AL.

    210 Phil. 411

  • G.R. No. L-61255 October 28, 1983 - PEOPLE OF THE PHIL. v. JAIME CALIMQUIM

    210 Phil. 415

  • G.R. No. L-63557 October 28, 1983 - LINGNER & FISHER GMBH v. INTERMEDIATE APPELLATE COURT, ET AL.

    210 Phil. 438

  • G.R. No. L-49891 October 31, 1983 - REPUBLIC OF THE PHIL. v. IRINEO V. MENDOZA, ET AL.

  • G.R. No. L-62467 October 31, 1983 - PEOPLE OF THE PHIL. v. REYNALDO S. BROQUEZA

    210 Phil. 450