REYNALDO and NANCY RODRIGUEZ vs. CONCORDIA ONG LIM, et al.
REYNALDO and NANCY RODRIGUEZ vs.
CONCORDIA ONG LIM, et al.
G.R. NO. 135817
NOVEMBER 30, 2006
PONENTE: CALLEJO, SR., J.
FACTS:
Pablo Goyma Lim, Jr. filed with the RTC a
complaint for cancellation of COT and injunction against the spouses Rodriguez
with the allegation that his mother, Dominga Goyma, was the owner of two
parcels of land, registered in her name on February 6, 1948. One of the subject
lands is situated in the Pagbilao, Quezon, and the other in the Atimonan, Quezon.
Pablo claimed that he exclusively possessed the same until her death on July
19, 1971.
Pablo claimed that he succeeded to all her
rights of ownership and possession after her death. However, the spouses
Rodriguez, despite their knowledge that the son was now the owner and possessor,
allegedly unlawfully and fraudulently made it appear that they had purchased
the subject lots from persons who were not the owners thereof.
The spouses Rodriguez allegedly caused the
cancellation of TCT despite the fact that the owner's duplicate copy was in the
possession of Pablo. A TCT was issued in the name of Frisco Gudani, estranged
husband of Dominga. This title was cancelled by another TCT issued in the name
of Eduardo Victa, and again, was cancelled by another TCT issued in the name of
the spouses Rodriguez, All the the aforementioned TCTs were issued on February
10, 1975.
On the other hand, the spouses Rodriguez
alleged that Dominga was not the mother of Pablo. They averred that the subject
lots were the conjugal property of Frisco and Dominga, when the latter died,
Frisco was her sole surviving heir. Thereafter, Frisco allegedly sold the
subject lots to Eduardo who, in turn, sold the same to the spouses Rodriguez.
The latter claimed that they were purchasers in good faith and for value.
On September 8,
1988, in the course of the trial, Pablo died and was duly substituted by his
spouse, Concordia Ong Lim and children.
A deposition of Frisco
was taken on October 22, 1977, which stated, that Frisco was married to
Dominga, after 11 months, they separated and the former left the conjugal
dwelling. He knows that Dominga died and that Pablo is her son. Atty. Alejandro
Aguilan, who helped him prepared an affidavit, asked him to signed it otherwise
the property he will receive will be forfeited in favour of the government. He
does not know anything about the parcels of land. The lawyer took advantage of
Frisco and persuaded him to agree to the transactions.
Thereafter, the
RTC held in favor of Pablo. CA affirmed the lower court’s decision
ISSUE:
Whether the principle of idefeasibility of title applies
to this case.
HELD:
No. Spouses cannot raise the defense of
indefeasibility of a Torrens title with respect to TCT because "the principle of indefeasibility of a
Torrens title does not apply where fraud attended the issuance of the title.
The Torrens title does not furnish a shield for fraud."
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