G.R. No. 150179 Heirs of Sevilla v. Sevilla
G.R. No. 150179 Heirs of Sevilla v. Sevilla
SYNOPSIS
SYLLABUS
DECISION
YNARES-SANTIAGO, J : p
The instant petition for review seeks to set aside the
September 26, 2000 Decision2 of the Court of
Appeals in CA-G.R. CV No. 48956, afrmingin toto the
Decision 3 of the Regional Trial Court of Dipolog City,
Branch 6, in Civil Case No. 4240 which declared, inter
alia, the questioned Deed of DonationInter Vivos valid
and binding on the parties.
The undisputed facts reveal that on December 10,
1973, Filomena Almirol de Sevilla died intestate
leaving 8 children, namely: William, Peter, Leopoldo,
Felipe, Rosa, Maria, Luzvilla, and Jimmy, all surnamed
Sevilla. William, Jimmy and Mariaare now deceased
and are survived by their respective spouses and
children. 4 Filomena Almirol de Sevilla left the
following properties:
PARCEL I:
A parcel of land known as Lot No. 653
situated at General Luna St., Dipolog City,
with an area of about 804 square meters,
more or less, duly covered by Transfer
Certicate of Title No. (T-6671)-1448 [in
the name of Filomena Almirol de Sevilla,
Honorata Almirol and Felisa Almirol] and
assessed at P31,360.00 according to Tax
Dec. No. 018-947;
PARCEL II:
A parcel of land known as Lot No. 3805-B
situated at Olingan, Dipolog City, with an
area of about 18,934 square meters, more
or less, duly covered by Transfer
Certicate of Title No. T-6672 and
assessed at P5,890 according to Tax Dec.
No. 009-761;
PARCEL III:
A parcel of land known as Lot No. 837-1/4
situated at Magsaysay Street, Dipolog
City, with an area of about 880 square
meters more or less, duly covered by
Original Certicate of Title No. 0-6064 and
assessed at P12,870.00 according to Tax
Dec. No. 020-1078;
PARCEL IV:
A parcel of residential land known as Lot
No. 1106-B-3 situated at Sta. Filomena,
Dipolog City, with an area of 300 square
meters, more or less, assessed at
P3,150.00 according to Tax Dec. No. 006-
317;
Commercial building erected on Parcel I
above-described; and residential building
erected just at the back of the commercial
building above-described and erected on
Parcel I above-described; 5
Parcel I, Lot No. 653, is the paraphernal property of
Filomena Almirol de Sevilla which she co-owned with
her sisters, Honorata Almirol and Felisa Almirol, 6 who
were both single and without issue. Parcels II, III and
IV are conjugal properties of Filomena Almirol de
Sevilla and her late husband Andres Sevilla. 7 When
Honorata died in 1982, her 1/3 undivided share in Lot
No. 653 was transmitted to her heirs, Felisa Almirol
and the heirs of Filomena Almirol de Sevilla, who
thereby acquired the property in the proportion of one-
half share each.
During the lifetime of Felisa and Honorata Almirol,
they lived in the house of Filomena Almirol de Sevilla,
together with their nephew, respondent Leopoldo
Sevilla and his family. Leopoldo attended to the needs
of his mother, Filomena, and his two aunts, Honorata
and Felisa. 8
IT IS SO ORDERED. 17
Footnotes