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Castelo
Chan-‐Gonzaga
Evardone
Gana
Gutierrez
Lao
Lopez
Miclat
Mercado
Sales
Tan
Valdez
Varela
AGENCY,
PARTNERSHIP
AND
TRUSTS
DIGESTS
(2013
–
2014)
ATTY.
JOAQUIN
OBIETA
In
1949,
Concepcion
occupied
and
fenced
a
portion
of
Lot
903-‐A-‐6
for
Petitioner
Miguel
died
before
he
was
able
to
submit
himself
for
cross-‐
taxation
purposes,
saying
that
she
also
paid
the
taxes
thereon.
Her
examination
and
so
only
surviving
daughter,
Marietta
Cuyegkeng,
stood
father,
Don
Mariano,
died
on
February
25,
1964
with
a
Last
Will
and
as
the
substitute
in
this
case.
Testament,
bequeathing
to
her
the
lot.
She
testified
that
she
purchased
Lot
903-‐A-‐6
from
her
late
father
in
In
June
1966,
Miguel
wrote
to
the
Register
of
Deeds
of
Cebu
to
transfer
1990
and
constructed
a
house
thereon
in
the
same
year,
and
that
she
Lot
903-‐A-‐6
to
his
name.
Later,
Concepcion
requested
the
Register
of
became
aware
of
this
case
because
her
late
father
used
to
commute
to
Deeds
to
annotate
an
affidavit
of
adverse
claim
against
Miguel’s
adverse
Cebu
City
to
attend
to
this
case;
and
that
Lot
903-‐A-‐6
is
in
her
name
per
claim
on
Lot
903-‐A.
Eventually,
the
Register
of
Deeds
issued
a
TCT
a
TCT
of
the
Registry
of
Deeds
for
Cebu.
covering
Lot
903-‐A-‐6
in
the
name
of
Miguel,
but
carrying
the
earlier
annotation
of
adverse
claim.
ISSUE/S
TO
BE
RESOLVED
In
1969,
Miguel
tore
down
the
wire
fence
which
Concepcion
earlier
constructed
on
Lot
903-‐A-‐6,
which
compelled
the
latter
to
institute
the
1. WON
there
is
an
implied
trust
that
exists
between
the
paries
à
YES
instant
complaint.
2. WON
the
respondent’s
action
is
barred
by
laches
à
NO
On
December
5,
1970,
petitioner
Miguel
Cuenco
filed
a
counterclaim
where
he
alleged
that:
1. He
was
the
absolute
owner
of
Lot
903-‐A-‐6
RESOLUTIONS
AND
ARGUMENTS
2. That
his
lot
was
a
portion
of
Lot
903-‐A
which
in
turn
was
part
of
Lot
903
which
was
the
subject
matter
of
litigation
FIRST
ISSUE
à
Implied
Trust
3. That
he
was
alone
in
defending
the
cases
involving
Lot
903
4. That
he
donated
5
of
the
6
portions
of
Lot
903-‐A
to
the
5
children
Main
Point
1:
A
review
of
the
records
shows
that
indeed
there
is
an
of
the
latter
out
of
gratitude
for
the
love
and
care
they
exhibited
implied
trust
between
the
parties.
to
him
(Miguel)
during
the
time
of
his
long
sickness
5. That
he
did
not
give
or
donate
any
portion
of
the
lot
to
Concepcion
because
she
never
visited
him
nor
took
care
of
him
1. That
Lot
903-‐A
had
been
titled
in
the
name
of
Miguel
gave
rise
to
during
his
long
sickness
when
he
was
critically
ill
and
was
confined
an
implied
trust
between
him
and
Don
Mariano.
at
Singian’s
Clinic
in
Manila
and
then
transferred
to
Cebu
where
2. From
the
time
it
was
titled
in
his
name
in
1938,
Lot
903-‐A
he
nearly
died
remained
undivided
and
untouched by
Miguel.
6. That
his
wife
Fara
Remia
had
an
operation
on
January
1951
and
3. Miguel
readily
surrendered
his
Certificate
of
Title
and did
not
was
confined
at
the
UST
Hospital
and
John
Hopkins
Hospital
in
the
object
to
the
subdivision
and
the
allocation
of
the
property
to
US
Mariano’s
6
children.
7. That
2
of
his
children
died
at
the
UST
Hospital
in
1951
and
1952
4. All
of
Mariano’s
children
were
the
ones
who
shouldered
the
8. That
his
wife
was
blind
for
many
months
due
to
malignant
expenses
incurred
for
the
subdivision
of
the
property.
hypertension
but
Concepcion
never
remembered
her
nor
did
she
5. After
the
subdivision
of
the
property,
all
5
children
took
commiserate
with
him
and
his
wife
in
their
long
period
of
sorrow.
possession
of
their
respective
portions.
Castelo
Chan-‐Gonzaga
Evardone
Gana
Gutierrez
Lao
Lopez
Miclat
Mercado
Sales
Tan
Valdez
Varela
AGENCY,
PARTNERSHIP
AND
TRUSTS
DIGESTS
(2013
–
2014)
ATTY.
JOAQUIN
OBIETA
6. The
legal
titles
to
5
portions
of
the
property
were
transferred
via
a
o Concepcion
was
in
possession
as
owner
of
the
property
gratuitous
deed
of
conveyance
to
Mariano’s
5
children.
from
1949
to
1969.
o When
Miguel
took
steps
to
have
it
separately
titled
in
• The
existence
of
Concepcion’s
equitable
ownership
is
not
just
by
the
his
name,
despite
the
fact
that
Concepcion
had
the
above
circumstances,
but
also
by
the
fact
she
fenced
the
portion
owner’s
duplicate
copy
of
the
TCT
covering
the
entire
allocated
to
her
and
planted
trees
thereon.
Lot
903-‐A,
she
had
her
adverse
claim
annotated
on
the
• She
also
paid
real
property
taxes
on
Lot
903-‐A-‐6
yearly,
from
1956
title
in
1967.
until
1969-‐-‐
the
year
when
she
was
dispossessed
of
the
property.
o When
petitioner
ousted
her
from
her
possession
of
the
• "Although
tax
declarations
or
realty
tax
payments
of
property
are
not
lot
by
tearing
down
her
wire
fence
in
1969,
she
conclusive
evidence
of
ownership,
nevertheless,
they
are
good
indicia
of
commenced
the
present
action
to
protect
and
assert
possession
in
the
concept
of
owner,
for
no
one
in
his
right
mind
would
be
paying
taxes
for
a
property
that
is
not
in
his
actual
or
at
least
constructive
her
rights
to
the
property.
possession." Such
realty
tax
payments
constitute
proof
that
the
holder
has
a
claim
of
title
over
the
property.
• Tellingly,
Miguel
started
paying
real
property
taxes
on
Lot
903-‐A-‐6
only
on
April
4,
1964,
after
the
death
of
Mariano.
This
fact
shows
FINAL
VERDICT
that
it
was
only
in
that
year
that
he
was
emboldened
to
claim
the
property
as
his
own
and
to
stop
recognizing
Mariano’s,
and
WHEREFORE,
the
Petition
is
DENIED,
and
the
assailed
subsequently
Concepcion’s,
ownership
rights
over
it.
decision
AFFIRMED.
Costs
against
petitioner.
Main
Point
2:
Petitioner
is
estopped
from
asserting
the
contrary
and
claiming
ownership
thereof.
• From
the
time
Lot
903-‐A
was
subdivided
and
Mariano’s
six
children,
including
Concepcion,
no
protest
from
Miguel
was
heard
until
1963.
By
his
acts
as
well
as
by
his
omissions,
Miguel
led
Mariano
and
the
latter’s
heirs
to
believe
that
he
respected
the
ownership
rights
of
respondent
over
Lot
903-‐A-‐6.
Main
Point:
Respondent
Concepcion
cannot
be
held
guilty
of
laches,
as
she
did
not
sleep
on
her
rights.