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Castro V Miat PDF
Castro V Miat PDF
*
G.R. No. 143297. February 11, 2003.
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* THIRD DIVISION.
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273
PUNO, J.:
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Alexander and his first wife left the house for personal
reasons. In April 1988, Alexander agreed to sell
13
to Romeo
his share in the Paco property for P42,750.00.
14
He received
a partial payment of P6,000.00 from Romeo. Nonetheless,
he never executed a deed of assignment in favor of Romeo,
as he had lots of work to do and had no time and x x x
there [wa]s nothing 15 to worry [as] the title [wa]s in
[Romeos] possession.
In February 1988, Romeo learned from his godmother in
his wedding, Mrs. Rosalina Castro, mother of petitioner
Virgilio Castro, that she had given Moises P30,000.00 as
downpayment for 16
the sale by Moises of the Paco property to
her son Virgilio.
On December 1, 1988, Romeo was brought by petitioner
Virgilio Castro to the chambers of Judge Anunciacion of the
Metropolitan Trial Court of Manila17
where the status of the
Paco property was discussed. On December 16, 1988, he
received a letter from petitioner Castros lawyer asking for
a conference. Romeo was informed that the Paco property
had been sold to Castro by Moises 18
by virtue of a deed of
sale dated December 19
5, 1988 for ninety-five thousand
(P95,000.00) pesos. 20
Ceferino Miat, brother of petitioner21 Moises, testified
that even before the death of Concordia there was already
an agreement that22
the Paco property would go to Romeo
and Alexander.
23
This was reiterated at the deathbed of
Concordia. When Moises24returned to Manila for good, the
agreement was reiterated in front
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13 Id., p. 23.
14 Id., pp. 25-26.
15 Id., p. 27.
16 Id., p. 28.
17 TSN (Romeo Miat), August 7, 1990, p. 32 [also February 21, 1991, pp.
42-43].
18 Id., p. 33.
19 Original Record, p. 9 (Deed of Absolute Sale, Annex B, Complaint,
Civil Case No. 89-48082, RTC, Branch 10, Manila).
20 TSN (Ceferino Miat), January 25, 1990, p. 6.
21 TSN (Romeo Miat), December 9, 1989, p. 8.
22 TSN (Ceferino Miat), April 5, 1990, p. 8.
23 Id., p. 8.
24 TSN (Ceferino Miat), January 25, 1990, p. 11.
276
25
of the extended Miat26 family members. Initially, Romeo
and Alexander 27
orally divided the Paco property between
themselves.
28
Later, however, Alexander sold his share to
Romeo. Alexander was given P6,000.00 as downpayment.
This was corroborated by Pedro Miranda and Virgilio Miat.
Miranda worked29with Moises at the Bayview Hotel and the
Hotel Filipinas.
30
His wife is the cousin of Romeo and
Alexander. Virgilio is the brother of Moises.
Moises confirmed that he and his wife Concordia bought
the Paco property on installment from the Fraval Realty,
Inc. There was still a balance 31
of P12,000.00 on the lot at
32
the time of his wifes death.
33
He paid P3,500.00 in 1981
and P8,500.00 in 1984. He registered the title in his name.
Romeo then borrowed the 34
title as he was going to mortgage
it to his friend Lorenzo.
Later, Moises ran into financial difficulties and he
mortgaged for P30,000.00 the 35Paco property to the parents
of petitioner Virgilio Castro. He informed Romeo and
Alexander that he would be forced to sell the Paco property
if they would not redeem the mortgage. He accompanied
his children to the Manila City Hall to discuss its sale with
a judge and a lawyer. Also present in the meeting
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25 Id., p. 12.
26 TSN (Ceferino Miat), April 5, 1990, p. 14.
27 TSN (Ceferino Miat), January 25, 1990, p. 12.
28 Id., p. 13.
29 TSN (Pedro Miranda), April 5, 1990, p. 21.
30 TSN (Pedro Miranda), April 5, 1990, p. 20.
31 TSN (Moises Miat), September 5, 1991, p. 7.
32 Id., p. 8.
33 Id., p. 9.
34 TSN (Moises Miat), May 2, 1991, p. 6. In the TSN (Moises Miat),
September 5, 1991, p. 16, Moises clarified the mortgage to be a
panghahawakan lang ni Lorenzo. A contrary testimony was given by
Alex [TSN (Alex Miat), August 4, 1992) pp. 40-41]: Romeo got the title
from their father to lend to Ramon Lorenzo who was using the title to
borrow money for himself (Ramon Lorenzo).
35 TSN (Moises Miat), May 2, 1991, pp. 12-13. In the TSN (Moises
Miat), September 5, 1991, pp. 17-22, Moises clarified the mortgage to be
actually a promissory note for P30,000.00, with the condition that, if the
same would not be paid after one (1) year, he would sell the property to
Mr. & Mrs. Levi Castro for P85,000.00 (actually P95,000.00 as seen in said
promissory note, Exhibit K, Original Record, p. 262).
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45
After trial, the Regional Trial Court rendered its decision,
which in its dispositive portion states as follows:
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47 Id., p. 17.
48 Now Article 117(1) of the Family Code.
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280 SUPREME COURT REPORTS ANNOTATED
Castro vs. Miat
x x x the fact that all receipts for installments paid even during
the lifetime of the late husband Manuel Lorenzo were issued in
the name of Magdalena Clemente and that the deed of sale or
conveyance of parcel no. 6 was made in her name in spite of the
fact that Manuel Lorenzo was still alive shows that 51
the two
parcels of land belonged to Magdalena Clemente. (emphasis
supplied)
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II
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SINUMPAANG SALAYSAY
SA MGA KINAUUKULAN,
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(Sgd.) (Sgd.)
4) Aurea Miat-Joson 9) Elsa P. Miranda
(kapatid ni Moises)
(Sgd.)
5) Jose A. Joson
(asawa ni Aurea)
(Sgd.) REYNALDO P. WONG
Kapitan ng Barangay
Sta. Maria, Licab, N.E. (emphasis supplied)
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59 TSN (Romeo Miat), February 21, 1991, p. 5 [Note: Read into the
record by Romeo Miat. The letter was not, however, marked as an
Exhibit.].
60 When the nature of the testimonies of Ceferino Miat [TSN, January
25, 1990, pp. 4-5] and Pedro Miranda [TSN, April 5, 1990, p. 18] was
offered, i.e., that they were privy to the oral partion of the Paco property
between Moises Miat and his two sons and, subsequently, between Romeo
and Alexander, no objection was offered by opposing counsel. [Art. 1405
(New Civil Code). Contracts infringing the Statute of Frauds, referred to
in No. 2 of Article 1403, are ratified by the failure to object to the
presentation of oral evidence to prove the same, or by the acceptance of
benefits under them.]
284
284 SUPREME COURT REPORTS ANNOTATED
Castro vs. Miat
In the
61
recent case of Pada-Kilario vs. Court of Appeals, we
held:
III
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Judgment affirmed.
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o0o
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