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  • Joaquin Chung Vs Jack Daniel Mondragon

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    This case involves a land dispute between descendants of Rafael Mondragon by his first wife and descendants of Rafael by his second wife. The land is registered under an OCT in the name of "Heirs of Andrea Baldos", Rafael's second wife. Petitioners claim the land belonged to Rafael, but the Court ruled the petitioners do not have legal or equitable title to the land based on the title and facts presented. The petitioners' action to quiet title against respondents who are currently in possession of the land was dismissed.

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    Joaquin Chung vs Jack Daniel Mondragon

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    Joaquin Chung vs Jack Daniel Mondragon

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    This case involves a land dispute between descendants of Rafael Mondragon by his first wife and descendants of Rafael by his second wife. The land is registered under an OCT in the name of "Heirs of Andrea Baldos", Rafael's second wife. Petitioners claim the land belonged to Rafael, but the Court ruled the petitioners do not have legal or equitable title to the land based on the title and facts presented. The petitioners' action to quiet title against respondents who are currently in possession of the land was dismissed.

    Copyright:

    © All Rights Reserved
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    67 views2 pages

    Joaquin Chung Vs Jack Daniel Mondragon

    Uploaded by

    learning
    This case involves a land dispute between descendants of Rafael Mondragon by his first wife and descendants of Rafael by his second wife. The land is registered under an OCT in the name of "Heirs of Andrea Baldos", Rafael's second wife. Petitioners claim the land belonged to Rafael, but the Court ruled the petitioners do not have legal or equitable title to the land based on the title and facts presented. The petitioners' action to quiet title against respondents who are currently in possession of the land was dismissed.

    Copyright:

    © All Rights Reserved
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    of 2

    Joaquin Chung v. Jack Daniel Mondragon, G.R. No. 179754, 21 November 2012.

    2nd Division

    DEL CASTILLO, J.

    FACTS: Petitioners Joaquin G. Chung, Jr., Paz Royeras-Soler, and Mansueto Maceda
    are descendants of Rafael Mondragon (Rafael) by his first wife, Eleuteria Calunia
    (Eleuteria), while respondent Jack Daniel Mondragon (Jack Daniel) is Rafael’s
    descendant by his second wife, Andrea Baldos (Andrea).

    OCT No. 22447 is registered in the name of "Heirs of Andrea Baldos represented by
    Teofila G. Maceda" and covers 16,177 square meters of land. Petitioners claim that
    from 1921 up to 2000, Rafael appeared as owner of the land in its tax declaration, and
    that a free patent was issued in 1987 in the name of Andrea’s heirs upon application of
    Teofila G. Maceda (Teofila), who is petitioners’ sister.

    On the other hand, respondents claim that Andrea is the exclusive owner of the land,
    having inherited the same from her father and that Andrea died, his son Fortunato
    Mondragon inherited the land; and when the latter died, his son respondent Jack Daniel
    came into possession and enjoyment thereof. Sometime in 2000, Jack Daniel sold a
    1,500-square meter portion of the land to his co-respondent Clarinda Regis-Schmitz
    (Regis-Schmitz).

    On the claim that Jack Daniel had no right to sell a portion of the land and that the sale
    to Regis Schmitz created a cloud upon their title, petitioners filed an action to quiet title.
    RTC dismissed the complaint. CA sustained.

    ISSUE: Will the action to quiet title prosper?

    RULING: No. The issues in a case for quieting of title are fairly simple; the plaintiff
    need to prove only two things: (1) the plaintiff or complainant has a legal or an equitable
    title to or interest in the real property subject of the action; and (2) that the deed, claim,
    encumbrance or proceeding claimed to be casting a cloud on his title must be shown to
    be in fact invalid or inoperative despite its prima facie appearance of validity or legal
    efficacy.

    It is evident from the title that the land belongs to no other than the heirs of Andrea,
    Rafaels 2nd wife. The land could not have belonged to Rafael, because he is not even
    named in the OCT. with greater reason may it be said that the land could not belong to
    petitioners, who are Rafael’s children by his 1st wife Eleuteria. Unless Eleuteria and
    Andrea were related by blood such fact is not borne out by the record they could not
    be heirs to each other. Add to this is the fact that petitioners are not in possession of
    the land. Petitioners do not possess legal or equitable title to the land.

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