Lim vs Lim

GR 206534, October 5, 2016

Peralta, J.:

Facts:

in 1973, Brigida Aquino Lim acquired a right over a government-owned lot. On March 10, 1973
Brigida and her son Alfonso Lim, alleged to have entered into an agreement for construction of a
building on the said government-owned property; in 1980, Brigida and Alfonso once more agreed on the
additional construction of three more floors on the previously constructed building.

On both March 23, 1992 and November 29, 1995 Brigida executed an affidavit as well as a Deed
of Waiver of Rights in favor of her son, Alfonso Lim. However, on March 23, 1996, Brigida executed
another affidavit denying and dismissing the previously executed documents, stating that she and her
husband, Luis, were the real owners of the property.

On February 8, 2001, Brigida died without a will. Following her death, her heirs, Alfonso and his
sisters, Julia Lim Rosario, Mercedes Lim Custodio, Norma Licardo and Leila Espiritu executed a Deed of
Extrajudicial Settlement for the estates left behind by their parents; On November 20, 2007, the sisters
filed a complaint for Judicial Partition of Real Estate, Accounting for Damages and a Writ of Preliminary
Injunction.

On May 17, 2010, The RTC ruled that the parties are co-owners of the disputed estates, and
ordered their partition among each other in equal shares; Alfonso elevated the case to the Court of
Appeals, and on September 11, 2012, The CA granted the petition.

Hence this petition by the sisters.

Issues:

1. (CIVIL) Whether or not the property or estate left by Brigida be divided equally among her children?

Ruling:

1. Yes. Brigida’s affidavit shows her intentions and states that she clearly never intended to give
exclusive ownership Alfonso alone, she wanted all of her children to benefit from it, and the CA gave
credence to Brigida’s affidavit; the court even found a letter by Brigida in October 18, 1987 admonishing
Alfonso not to interfere with the status of the properties

Disposition:
 In its decision dated October 5, 2015, the Court grants the petition; and reverses and Sets Aside
The Decision of the Court of Appeals dated September 11, 2012, and its Resolution dated March 11,
2013; and Reinstates the Decision of the Regional Trial Court.