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  • Genorga Vs Heirs of Meliton Case Digest

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    Julian Meliton and others co-owned an undivided land covered by TCT 8027. Julian sold definite portions to buyers, including Genorga. However, Julian refused to surrender the TCT. The buyers could not register their deeds. The court granted a petition for Julian to surrender the TCT, but he could not be served. The court then declared TCT 8027 null and void and issued a new title. Genorga received the owner's duplicate in 2009 but did not register it until 2013. Respondents later filed a complaint seeking surrender of the duplicate, arguing they were still registered as owners of some portions. The court found there was a partial factual partition as the definite portions were sold

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    Julian Meliton and others co-owned an undivided land covered by TCT 8027. Julian sold definite portions to buyers, including Genorga. However, Julian refused to surrender the TCT. The buyers could not register their deeds. The court granted a petition for Julian to surrender the TCT, but he could not be served. The court then declared TCT 8027 null and void and issued a new title. Genorga received the owner's duplicate in 2009 but did not register it until 2013. Respondents later filed a complaint seeking surrender of the duplicate, arguing they were still registered as owners of some portions. The court found there was a partial factual partition as the definite portions were sold

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    103 views2 pages

    Genorga Vs Heirs of Meliton Case Digest

    Uploaded by

    timothy
    Julian Meliton and others co-owned an undivided land covered by TCT 8027. Julian sold definite portions to buyers, including Genorga. However, Julian refused to surrender the TCT. The buyers could not register their deeds. The court granted a petition for Julian to surrender the TCT, but he could not be served. The court then declared TCT 8027 null and void and issued a new title. Genorga received the owner's duplicate in 2009 but did not register it until 2013. Respondents later filed a complaint seeking surrender of the duplicate, arguing they were still registered as owners of some portions. The court found there was a partial factual partition as the definite portions were sold

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    of 2

    PARTITION

    159 GENORGA vs Heirs of Meliton

    GR 224515 July 3, 2017

    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

     Was there a Partition

    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.

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