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 adopted 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 No proof of land transfer? If
none then it is an invalid
equally divided between Ben and Felimona. transfer of land. Oral
transaction in this case
9. 1998, Gregoria got ill and asked Felimona to give the land title to Marina to cannot be assailed since
transfer of land/ ownership of
have it as collateral to Chuan, a copra buyer of the family, for her treatment.
land is governed by PD 1529,
10. Gregoria stayed in Cebu under the roof of Sps. Ben and Marina Mayol to be effective since June 11, 1978.
(the event happened
treated there. sometime in 1998)
11. Gregoria told Imelda Comeros, granddaughter of her brother Elpedio who is If the signing of this “paper”,
stated in No. 11, has indeed
also staying with her in Cebu, that Ben asked her to sign a paper she could
took place, its validity still
not read. Gregoria was unable to read and write. cannot be affirmed pursuant
to Art. 1332 of the NCC,
12. Gregoria died in December 1998. which states, “When one of
the parties is unable to read,
13. After Gregoria’s death, the family moved for a meeting. Family members of or if the contract is in a
legal age with Ben, Felimona, Edilberto among others were present. Ben language not understood by
him, and mistake or fraud is
declared that if any of the family member wants to redeem the property from alleged, the person enforcing
the contract must show that
him, they may do so. The property was said to be mortgaged at the the terms thereof have been
consideration of one hundred thousand (P100,000.00). Said debt was not fully explained to the
former.” This is in connection
made in writing. to Art. 1330 of the same Code
wherein, “(a) contract where
14. 1999, Rosalia Comendador, together with her mother Narcissa Comeros, consent is given through
daughter of Elpedio Comendador, went to Cebu to redeem the property from mistake, violence,
intimidation, undue influence
Ben Mayol. But said offer was refused by Ben leaving harsh words to the or fraud is voidable”.

two. Pwede ata siya i-regard as

fraud, if that’s the case,
15. 2000, Ben sent Felimona a blank deed of sale (Annex 9) with the intent to
voidable siya.
buy her share in the TCT 1601. Felimona refused to sell and sign the deed.
Probably, what I can suggest
16. The title is still in the possession of Marina, surviving her late husband Ben, to the clients is that, if there
is a continuance of
and she is harvesting the fruits of the property until today. declination to present valid
17. In connection to the demand letter, Marina denied the allegation with the proof, they may file writ of
mandamus to the court
defense that the said property was actually sold to them. Marina refused to compelling the other party to
present the said contract,
furnish a copy of the alleged deed of sale. since they (the clients) are
also a party of interest. The
18. The complainants questions the validity of the Deed of Absolute Sale
purpose of this is to assert
between Gregoria and Sps. Ben and Marina Mayol and prays that a writ of the validity of the contract.

possession be granted to them. Char lang, wala ko kabalo

unsay writ of mandamus,
-end- pero basta kanang macompel
silag present og evidence. I
dunno if pwede ba na.

Please kindly correct me if

naay mali, I also wanna learn
hehe