G.R. No.
118114 December 7, 1995 Private respondent cannot conclusively claim
ACAP vs. COURT OF APPEALS
FACTS:
Felixberto, an only son, inherited from his
parents a lot. He executed a duly notarized
document entitled "Declaration of Heirship and
Deed of Absolute Sale" in favor of Pido.
When ownership was transferred, Acap
continued to be the tenant of a portion of the
said land and religiously paid his leasehold
rentals to Pido.
When Pido died intestate his surviving heirs
executed a notarized Declaration of Heirship and
Waiver of Rights of the said lot to de los Reyes.
De los Reyes informed Acap that, as the new
owner, the lease rentals should be paid to him.
When petitioner refused and failed to pay any
further lease rentals after repeated demands, he
filed a complaint for recovery of possession and
damages.
The lower court rendered a decision in favor of
private respondent which was eventually
affirmed by the Court of Appeals (CA).
Hence, this present petition.
ISSUES:
1. WON the subject Declaration of
Heirship and Waiver of Rights is a
recognized mode of acquiring
ownership by private respondent over
the lot in question.
2. WON the said document can be
considered as Deed of Sale in favor of
private respondent of the lot in question.
HELD:
The Court GRANTS the petition and SET
ASIDE the decision of the CA.
On Issue No. 1
No.
ownership over the subject lot on the sole basis
of the waiver document.
Under Article 712 of the Civil Code, the modes
of acquiring ownership are generally classified
into 2 classes: (1) original mode (i.e., through
occupation, acquisitive prescription, law or
intellectual creation) and (2) the derivative mode
(i.e., through succession mortis causa or
tradition as a result of certain contracts, such as
sale, barter, donation, assignment or mutuum).
In a contract of sale, one of the contracting
parties obligates himself to transfer the
ownership of and to deliver a determinate thing,
and the other party to pay a price certain in
money or its equivalent. Whereas, a declaration
of heirship and waiver of rights operates as a
public instrument when filed with the Registry
of Deeds whereby the intestate heirs adjudicate
and divide the estate left by the decedent among
themselves as they see fit.
Hence, private respondent, being then a stranger
to the succession of Pido, cannot conclusively
claim ownership over the subject lot on the sole
basis of the waiver which neither recites the
elements of either a sale, or a donation, or any
other derivative mode of acquiring ownership.
On Issue No. 2
No.
A notice of adverse claim was filed with the
Registry of Deeds which contained the
Declaration of Heirship with Waiver of rights
and was annotated at the back of the Original
Certificate of Title (OCT) to the land in
question.
This said notice, by its nature, does not however
prove private respondent's ownership over the
tenanted lot. The Court emphasized that while
the existence of said adverse claim was duly
proven, there was no evidence whatsoever that a
deed of sale was executed between the parties
transferring the rights in favor of private
respondent. An adverse claim cannot by itself be
sufficient to cancel the OCT to the land and title
the same in private respondent's name.