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The Trial Court ruled that the Deed of It was argued by the City of Dagupan
Sale entered between Maneclang and that notice of the application for
the City of Dagupan was void ab initio; authority to sell given to Margarita’s
hence, it ordered for the Deed’s surviving spouse, Severo, was deemed
annulment. It further ordered the sufficient notice to the minor chidren
cancellation of the Certificate of Title being the designated legal
issued in favor of the City of Dagupan, representative pursuant to Article 320
the issuance of a new Certificate of of the Civil Code. This argument
Title in favor of plaintiff as however did not hold water. This is so
administratix, the City of Dagupan to because the petition for authority to
pay accumulated rentals or reasonable sell was filed prior to the effectivity of
value of the use of the property in the Civil Code as the petition was filed
favor of plaintiff, and the plaintiff to on 1949. Hence, the governing law
reimburse the City of Dagupan, which was Article 159 of the Civil Code of
is to deducted from the amount due Spain. Said provisions provide that
the plaintiff from the defendant. the father or mother is the
administrator of the child’s property.
The trial court based its decision on
the absence of notices of the Despite the provisions so cited, it does
application given to the heirs of not follow that for purposes of
Margarita. Moreover, estoppel did not complying with the requirement of
lie against plaintiff as no estoppel notice under Rule 89 of the Rules of
could be predicated on an illegal act. Court, notice to the father is notice to
Finally, the City of Dagupan was not a the children. Sections 2, 4 and 7 of
said Rule state explicitly that the petitioned the court for authority to
notice, which must be in writing, must sell and who executed the sale, she
be given to the heirs, devisees and cannot be held liable for any act or
legatees, and that the court shall fix a omission which could give rise to
time and place for hearing such estoppel.
petition and cause to be given to the
interested parties. Likewise, estoppel was not available
against the children as they did not
The requirement of notice was not participate in such sale and that the
complied with as the notice was given action was filed solely by the
only to Severo. No notice was given to administratrix without the children
Hector and Oscar who were already of being impleaded as parties or
age or to their counsel, and to the intervenors. However, this does not
counsel or guardian ad litem of the extend to Oscar who executed the
remaining seven minor children. deed of sale in his capacity as judicial
Without the notices, the authority to administrator. For having executed
sell, the sale itself and the order the deed of sale, Oscar was deemed to
approving it would be null and void ab have assented to both the motion for
initio. and the actual order granting the
authority to sell. Estoppel operates
This does not apply to Severo solely against him.
Maneclang as he was duly notified of
the application. Hence, he was bound Prescription does not lie as well.
by the said order, sale and approval. Actions to declare the inexistence of
However, his only interest is his right contracts do not prescribe.
of usufruct which is equal t that
corresponding by way of legitime Another defense raised by the City of
pertaining to each of the surviving Dagupan was laches. Preliminarily,
children pursuant to Article 834 of the prescription is different from laches as
Civil Code of Spain, the governing law the former is the fact of delay while
at that time since Margarita Suri the latter is concerned with the effect
Santos died before the effectivity of of delay.
the Civil Code. The essential elements of laches are
Estoppel was likewise unavailable as (1) the conduct on the part of the
an argument. defendant or of one under whom he
claims, giving rise to the situation of
Estoppel was not available against the which complaint is made and for which
administratrix as it has been the complaint seeks a remedy; (2)
recognized by the Court that the delay in asserting the complainant’s
administratix, being the decedent’s rights, the complainant having been
representative, is not estopped to afforded an opportunity to institute a
question the validity of his own void suit; (3) lack of knowledge or notice on
deed purporting to convey land. the part of the defendant that the
Moreover, not being the party who complainant would assert the right on
which he bases his suit; and (4) injury Maneclang’s administration. Hence,
or prejudice to the defendant in the Oscar Maneclang cannot be said to
event relief is accorded to the have been induced to sell the property
complainant or the suit is not held as there was already the order
barred. In the case at bar, the action authorizing the sale.
was filed after 12 years, 10 months
and 24 days after the sale was The Court likewise ruled that when it
executed in 1952. filed its Answer, the City of Dagupan
became a possessor in bad faith.
During the execution of the deed of Hence, prior to such filing, the City
sale, 4 of the nine children were was a possessor in good faith. Being a
already of age, including Oscar who possessor in good faith, it is entitled to
executed said deed. Oscar then the fruits received before the
cannot be expected to renounce his possession was legally interrupted
own act. With respect to the other 3, hence the payment accumulated
Hector, Cesar and Amanda, they rentals from the time it possessed the
should have taken immediate steps to property until the filing of the
protect their rights. Their failure to do complaint was not proper.
so for 13 years amounted to such
inaction and delay as to constitute
laches. This cannot apply to the rest Intestate Estate of the Deceased
of the children however as they could Gelacio Sebial v. Sebial, GR No. L-
not have filed an action to protect 23419, June 27, 1975
their interests. Hence, neither delay
nor negligence could be attributed to Parties:
them as basis for laches. The estate is
entitled to recover 5/9 of the 1. Benjamina Sebial. A petitioner.
questioned property. She was appointed as
administratrix of the estate of
The issue on good faith on the City of Gelacio Sebial.
Dagupan’s end was likewise 2. Roberta Sebial, Juliano Sebial
discussed. The trial court in ruling out and the heirs of Balbina Sebial.
good faith took into account the Private respondents. They are
testimony of Oscar Maneclang to the the children of Gelacio in the
effect that it was Mayor Fernandez and first marriage.
Councilor Teofilo Guadiz, Sr. induced
Facts:
him to sell the property and that the
execution of the sale was witnessed by Gelacio Sebial was married twice.
the City Fiscal. The SC did not agree With his first wife, Leoncia Manikis,
however. who died in 1919, he had three
children namely Roberta, Balbina and
The order granting the motion for
Juliano. With his second wife, Dolores
authority to sell was issued during the
Enad, whom he married in 1927, he
incumbency of administratorship of
had six children namely Benjamina,
Feliciano, which was prior to
Valentina, Ciriaco, Gregoria, appointing Benjamina as
Esperanza, and Luciano. administratrix and reiterated their
claim that the estate of Gelacio was
When Gelacio died in 1943, one of his already partitioned and that the action
children with Dolores, Benjamina, filed to rescind the partition had already
in the CFI of Cebu a verified petition prescribed. This opposition was
for the settlement of his estate in denied by the trial court however.
1960. Benjamina prayed that she be
appointed administratrix of the estate. The oppositors filed a motion to
One of the children in the first terminate the administration
marriage, Roberta, opposed the proceeding on the grounds that the
petition on the ground that the estate estate was valued at less than
of Gelacio had already been P6,000.00 and that there was no
partitioned among his children. necessity for the administration
Moreover, if indeed an administration proceeding as the estate was already
proceeding was necessary, she should partitioned.
be appointed as administratrix as she
was living in Guimbawian, a remote Benjamina filed an inventory and
mountain barrio of Pinamungajan appraisal of the decedent’s estate.
where the decedent’s estate was Correspondingly, the oppositors
supposedly located unlike Benjamina registered their opposition to the
who was a housemaid working at inventory on the ground that the
Talisay which was 70 kilometers away seven parcels of land enumerated in
from Pinamungajan. the inventory no longer formed part of
the decedent’s estate.
The children of the first marriage
contended in a supplemental The probate court however ordered
opposition that the remedy of the suspension of the action due to
Benjamina was an action to rescind the possibility of an amicable
the partition. settlement. It likewise ordered the
parties to prepare a complete list of
The trial court appointed Benjamina as the properties belonging to the
administratrix. It likewise found that decedent, with a segregation of the
the decedent left an estate consisting properties belonging to each marriage.
of lands with an area of 21 hectares,
valued at more than P6,000.00 and The oppositors who are the children of
that the alleged partition of the first marriage submitted their own
decedent’s estate was invalid and inventory of the conjugal assets of
ineffective. Correspondingly, letters of Gelacio and Leoncia, consisting of two
administration were issued to parcels of land. They alleged that the
Benjamina as well as notice to properties were partitioned as follows:
creditors. ¾ were partitioned in favor of Roberta,
Juliano and Francisco as representative
The oppositors moved for the of estate of Balbina, while ¼ was
reconsideration of the order partitioned to Valentina Sebial as
representative of the six children of record on appeal said that there was
the second marriage. This was presentation of evidence by either
opposed by the administratrix. party concerning the two parties.
The lower court inexplicably required In her appeal, Roberta appealed that
the administratrix to submit another she was a pauper and in justifying
inventory, to which the administratrix their circumstances, her husband and
complied with. The oppositors her nephew filed a mimeographed
opposed the inventory and filed a brief and swore that their families
motion for revision of partition. The subsisted on root crops because they
second inventory submitted by the could not afford to buy corn grit or
administratrix was approved by the rice.
court because there was allegedly a
prima facie evidence to show that the Issue:
seven parcels of land and two houses The issue involved the conflicting
listed therein belonged to the claims of Benjamina and Roberta.
decedent’s estate.
Ruling:
The lower court likewise granted the
motion of the administratrix for the One of the arguments of the
delivery to her of certain parcels of oppositors was that the probate court
land and directed the heirs of Gelacio had no jurisdiction to approve the
to deliver these properties to inventory because the administratrix
administratrix. It likewise denied filed it after three months from the
oppositors’ motion for revision of date of her appointment. This was not
partition. well-taken by the SC.
Before Maria Rocabo died, she The lower court dismissed the
donated the southern portion of the complaint. The lower court also ruled
land to Maria and northern portion to that the defendants were the owners
Patricia in two notarial deeds of of land.
donations. The said donees accepted
the donations and took actual Petitioners appealed. They alleged
possession of their respective that the extra-judicial partition only
portions, but only Maria Villaluz affected the partition of Sinforosa,
remained on the entire land because Patricia and Maria on the land in
Patricia left. Maria cultivated and question, and that their claims were
improved the land from 1927 to 1938, not barred.
the year after Maria Rocabo died. Issue:
The patent was granted and the OCT The issues are whether the extra-
was issued in the name of Maria judicial partition only affected the
Rocabo. portions of Sinforosa, Patricia and
Maria, Patricia and Sinforosa executed Maria, whether the petitioners were
a deed of extra-judicial partition barred, and whether defendants were
among themselves as soon as they indeed owners, with right of
had realized that the deeds of possession, of said land.
donations were not in accordance with Ruling:
the formalities required by law,
Sinforosa Villaluz’ refusal to surrender The petitioners’ position is
the title to the donees unless given a meritorious. The land in question
share, and upon the advice of the should be divided among the heirs of
notary public Carlos de Jesus
the decedent namely Sinforosa, participation. The cancellation of the
Patricia, Maria and her grandchildren. OCT and the issuance of TCT did not
likewise prejudice the interest and the
The deed of extra-judicial partition was participation of the petitioners. The
fraudulent and vicious as the same three sisters could not have sold what
was executed among the 3 sisters did not belong to them.
without including their co-heirs, who
had no knowledge of and consent to
the same. The partition did not and
could not prejudice the interest and
participation of the petitioners, and
the sale of the land to the defendants
did not and could not also prejudice
and affect petitioners’ interest and