IMPERIAL V CA G.R. NO.

102037 JULY 17, 1996 Petitioner: Melanio Imperial Respondents: Court of Appeals and Guillermo Solleza, et al. Ponente: Panganiban, J. FACTS Lot No. 1052 and Lot No. 1091, both situated in Lucban, Quezon, were originally owned by Maria Imperial. She was survived by her two children: Adela and Melanio. Adela died on May 4, 1986 and survived by her husband Guillermo Solleza and Rosa, Victoria, Virgilio and Guillermo, Jr. children. On May 1, 1979, Adela and Melanio agreed to register the lots in the name of Melanio to expedite the titling of the parcels of land. Adela executed a 'Kasulatan ng Pagtalikod sa Karapatan,' waiving her rights over the lots. On the same date, Melanio executed a 'Pagwawalang Bisa sa Pagtalikod sa Karapatan,' declaring that the document was simulated. By virtue of the waiver, Melanio was able to obtain titles over the lots in his name. Melanio also executed a document, 'Sa Sino Mang Makatalastas Nito,' acknowledging the one-half share of his sister in Lot No. 1091 and 1052. On May 4, 1985, Melanio sold lot No. 1052 covered by OCT No. 27941 for the sum of 20,000php. The sale was discovered by Rosa Solleza. Adela's heirs filed the case praying that inasmuch as lot No. 1052 had been sold by defendant Melanio without giving any share of proceeds to Adela, lot No. 1091 should be reconveyed or returned to the estate of Adela. RTC Lucena Branch 60 Court ordered Melanio to pay plaintiffs 10,000php plus 16% interest; 7,500php for litigation expenses; 5,000php as exemplary damages; DECLARED MELANIO AS THE TRUE AND RIGHTFUL OWNER OF LOT NO. 1091 BECAUSE ADELA SOLD HER SHARE TO MELANIO ON LOT NO. 1091 Ruling of the CA Lot Nos. 1052 and 1091 were owned in common by Melanio and Adela; Adela never sold 1/2 share of lot 1091 to Melanio. When Melanio appropriated for himself the

entire proceeds from the sale of lot 1052, he was deemed to have waived his share in lot 1091. LOT 1091 SHOULD NOW BE SOLELY OWNED BY ADELA. Melanio claims that he had already paid Adela the amounts of 4,575php on June 16, 1979; 200php on November 8, 1979 and another 200php on May 7, 1980, representing 1/2 of the price of Lot No. 1091 ISSUE Whether Adela (and her heirs) lay exclusive claim over Lot No. 1091 as their own where Melanio who owns one-half of the undivided share of the area of two lots sells one of the lots without giving to his co-heir the latter's share of the proceeds RULING Inasmuch as the terms of the agreement between Adela and Melanio provide for onehalf undivided share for Melanio over Lots 1091 and 1052, and Melanio in effect waived his rights over one-half of the remaining Lot 1091 when he sold and appropriated solely as his own proceeds from the sale of Lot 1052, law and equity dictate Lot 1091 should now belong to the estate of the late Adela Imperial Solleza, represented by her heirs. The trial court erred in saying that Adela sold her share to Melanio on Lot No. 1091. o The last receipt is dated May 7, 1980. Adela Imperial died on May 4, 1986. No deed was executed by Adela in favor of Melanio. o The receipts do not show it is payment of Adela's one-half share of the lot. o The amounts remitted by Melanio were the shares of Adela for the sale of subdivision lots in lot No. 1091. This is based on the document, 'Sa Sino Mang Makatalastas Nito,' affirming the 1/2 share of Adela. The receipts show: o P4575 (bilang kabahagi ng lote no. 1091 sa Lucban, Quezon) o P200 (partial for lot 1091) o P200 (bilang kabahagi sa lote 1091) Melanio did not ask for the execution of a Deed of Sale within the period of 6 years from the date of the last receipt until Adela's death on May 4, 1986.