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Genorga Vs Heirs of Meliton Case Digest
Genorga Vs Heirs of Meliton Case Digest
Facts:
Julian Meliton and other Melitons co-owned an undivided land in Naga, covered by TCT 8027.
Julia owns 8/14 portion of the land. She however sold DEFINITE portions to various persons,
including Genorga through a Deed of Sale.
However Julian refused to surrender the TCT. Thus the buyers could not register their
respective deeds of sale. This prompted Petitioner and others to file a petition for the surrender
of the TCT before RTC Naga. It was granted.
However the decision remained unexecuted because the sheriff could not serve the writ of
execution on the Melitons. Thus RTC declared TCT 8027 null and void, resulting in the issuance
of a new title.
The new owner’s duplicate was given to Genorga in 2009. However she had only submitted it to
the Register of Deeds on Sep 13, 2013.
Regardless, the some of the buyers took possession of their respective portions and paid realty
taxes thereon without any objection from the respondents.
Respondents later, however filed a complaint against Genorga before the RTC seeking the
surrender of the owner’s duplicate holding that they were entitled to the possession of the
certificate as they were still the registered owners on some portions. RTC granted the petition.
CA affirmed. It held that the preferential right to the possession of the TCT belonged to
respondents since the bigger portion of the property still belongs to them.
Issue
Ruling
Answer
- yes
Legal Basis
- Partition is the separation, division, and assignment of a thing held in common among those
to whom it may belong.
Application
- In this case, the definite portions of the subject land were sold to the buyers, the buyers
took possession, declared the same in their names and paid realty taxes thereon.
Conclusion
- Hence the court finds that there is, in this case, a partial factual partition or termination of
the co-ownership.