Coronel v Constantino

G.R. No. 121069

February 07, 2003

Facts:

Constantino and Buensuceso filed a complaint for declaration of ownership, quieting of title and damages with prayer for writ of mandatory and/or prohibitory injunction with against Benjamin, Emilia and John Does alleging that Jess C. Santos and Priscilla Bernardo purchased the property belonging to Emilia and her sons by virtue of a deed of sale signed by Emilia and that Santos and Bernardo in turn sold the same to Constantino and Buensuceso by virtue of a compromise agreement and they are the owners of the subject property and defendants have illegally started to introduce construction on the premises in question and therefore praying that defendants respect, acknowledge and confirm the right of ownership of the plaintiffs to the share, interest and participation of the one-third (1/3) portion of the property.

Defendants stipulated that the property in question was previously owned by Honoria Aguinaldo, one-half (1/2) of which was inherited by the defendants while the other half was inherited by the plaintiffs from the same predecessor and it was admitted by counsel for the defendants that there was a sale between Jess Santos and the plaintiffs covering the subject property and that there was no evidence presented by either of the parties and that the decision therein was based on a compromise agreement. The trial court rendered a decision in favor of the plaintiffs declaring plaintiffs as the sole and absolute owners of the properties.

Issue:

Whether or not herein plaintiffs-respondents are the owners of the subject property.

Held:

Yes. The Supreme Court affirmed the decision of the Court of Appeals. The subject property was co-owned,pro-indiviso, by petitioner Emilia together with her petitioner son Benjamin, and her two other sons, Catalino and Ceferino. No proof was presented to show that the co-ownership that existed among the heirs of Ceferino and Catalino and herein petitioners has ever been terminated. Applying Articles 1317 and 1403 of the Civil Code, the Court of Appeals ruled that through their inaction and silence, the three sons of Emilia are considered to have ratified the aforesaid sale of the subject property by their mother.

Plaintiffs-private respondents Florentino Constantino and Aurea Buensuceso are declared owners of one-half (1/2) undivided portion of the subject property plus the one-fourth (¼) undivided share of defendant-petitioner Emilia Meking Vda. de Coronel; and, defendant-petitioner Benjamin Coronel together with the heirs of Catalino Coronel and the heirs of Ceferino Coronel are declared owners of one-fourth (¼) share each of the other one-half (1/2) portion of the subject property, without prejudice to the parties entering into partition of the subject property.