Fidel Sps. v. Espneli heirs

GR 168263      

July 21, 2008

Facts:

            Complaint for Annulment of Sale, Tax Declaration, Reconveyance with damages was first filed by respondents. They claim that they are compulsory heirs of Primitivo Espineli, the only son of Vicente with his first wife. They learned that the parcel of land owned by the late Vicente was sold despite the fact that the latter died intestate and that such sale was void for Vicente’s signature therein were forged. Guadalupe, only surviving child of Vicente with his second wife, denies knowledge of such sale but she later admitted to have sold such property. She argues that heirs of Primitivo must first establish their filiation with Vicente before instituting the annulment of sale.

Issues: W/N respondents have legal personality to file complaint for annulment of title

            W/N baptismal cert of Primitivo is valid and competent evidence to prove filiation by

Vicente           

W/N petitioners are buyers in good faith

W/N award for damages is proper

Held:

            Court favors respondents. Baptismal Certificate of Primitivo is valid and competent to prove filiation by Vicente, hence respondents have legal personality. Petitioners were not buyers in good faith for reason that they did not have a Torrens title. Also, court finds that Vicente’s signature was forged, hence, first deed of sale is void. Moral and exemplary damages, and atty’s fees are deleted.