Clients:

Edilberto Comendador Arnado (descendant of Elpedio Comendador)

Daniel Branzuela (descendant of Rafaela Comendador)

Matildo Comendador (descendant of Canuto Comendador)

Facts of the Case

1. The clients, Edilberto Comendador Arnado, Daniel Branzuela and

Matildo Comendador, are claimants of the disputed coconut land.

2. Last September 2, 2020, a demand letter (Annex 1) was sent to a Marina

M. Vda de Mayol. The letter demands the return of the Land Title of a

coconut land that was given to the latter as a collateral to a said “Chuan”.

The said title was given to her as a bearer since year 1998.

3. The coconut land TCT 1601 is registered in the name of Sps Alfonso and

Gregoria Comendador. Alfonso Comendador is one of the 7 heirs of

Pedro Comendador, registered owner of the mother title OCT (P-134)-124

(Annex 2)

4. The clients deny any knowledge of the execution of the extrajudicial

partition (Annex 3) and the five (5) deed of absolute sale. The clients

testify that some of the signatories do not know how to read nor write.

Nevertheless, they agree that such sale actually happened.

a) Elpedio to Alfonso (Annex 4)

b) Rosario to Alfonso (Annex 5)

c) Rafaela, Gervacia, Elpedio, Alfonso and Felimona to Rosario (Annex

6)

d) Felimona to Alfonso (Annex 7)

e) Rafaela, Gervacia, Elpedio, Alfonso, Rosario and Felimona to Felisa

(Annex 8)
5. Alfonso, being the owner of the shares of Elpedio, Rosario and Felimona,

moved to consolidate the parcels and had the OCT cancelled and TCT

1061 registered in the name of the Sps Alfonso and Gregoria.

6. Alfonso and Gregoria had no children. Instead they dopted Felimona

Comendador, daughter of their late brother, Canuto Comendador.

7. Bienvenido “Ben” Comendador Mayol, late husband of Marina Vda de

Mayol, was the son of Rosario. Ben stayed in the house of Alfonso and

Gregoria for a quite sometime before they transferred to Cebu.

8. Gregoria, surviving her husband, declared that the TCT in her name be

equally divided between Ben and Felimona.

9. 1998, Gregoria got ill and asked Felimona to give the land title to Marina

to have it as collateral to Chuan, a copra buyer of the family, for her

treatment.

10. Gregoria stayed in Cebu under the roof of Sps. Ben and Marina Mayol to

be treated there.

11. Gregoria told Imelda Comeros, granddaughter of her brother Elpedio

who is also staying with her in Cebu, that Ben asked her to sign a paper

she could not read. Gregoria was unable to read and write.

12. Gregoria died in December 1998.

13. After Gregoria’s death, the family moved for a meeting. Family members

of legal age with Ben, Felimona, Edilberto among others were present.

Ben declared that if any of the family member wants to redeem the

property from him, they may do so. The property was said to be

mortgaged at the consideration of one hundred thousand (P100,000.00).

Said debt was not made in writing.

14. 1999, Rosalia Comendador, together with her mother Narcissa Comeros,

daughter of Elpedio Comendador, went to Cebu to redeem the property

from Ben Mayol. But said offer was refused by Ben leaving harsh words

to the two.
15. 2000, Ben sent Felimona a blank deed of sale (Annex 9) with the intent to

buy her share in the TCT 1601. Felimona refused to sell and sign the deed.

16. The title is still in the possession of Marina, surviving her late husband

Ben, and she is harvesting the fruits of the property until today.

17. In connection to the demand letter, Marina denied the allegation with the

defense that the said property was actually sold to them. Marina refused

to furnish a copy of the alleged deed of sale.

18. The complainants questions the validity of the Deed of Absolute Sale

between Gregoria and Sps. Ben and Marina Mayol and prays that a writ

of possession be granted to them.

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