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NICANOR versus - PANGANIBAN, J., Chairman SANDOVAL-GUTIERREZ

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Republic of the Philippines
Supreme Court
Manila
THIRD DIVISION
NICANOR T. SANTOS,
Petitioner,
- versus -
COURT OF APPEALS, CONSUELO T. SANTOS-
GUERRERO and ANDRES GUERRERO,
Respondents.
G.R. No. 134787
Present:
PANGANIBAN, J., Chairman
SANDOVAL-GUTIERREZ,
CORONA,
CARPIO MORALES, and
GARCIA, JJ.
Promulgated:
November 15, 2005
x----------------------------------------------------------------------------------x
D E C I S I O N
GARCIA, J.:
Jurisprudence is replete with cases of close family ties sadly torn apart by disputes over inheritance. This is
one of them and, for sure, will not be the last.
In this petition for review on certiorari under Rule 45 of the Rules of Court, petitioner Nicanor T. Santos
assails and seeks to set aside the Decision dated March 24, 1998
[1]
of the Court of Appeals (CA) in C.A. G.R. CV
No. 50060 dismissing his appeal from the amended decision dated July 27, 1995 of the Regional Trial Court of
Malabon-Navotas in Civil Case No. 1784-MN, an action for revival of judgment.
The facts:
Petitioner Nicanor T. Santos and private respondent Consuelo T. Santos-Guerrero are brother and sister,
born to spouses Urbano Santos and Candelaria Santos, now both deceased. Sometime in 1956, Nicanor, Consuelo
1

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and eight of their siblings, executed a “Basic Agreement of Partition” covering properties they inherited from their
parents.
Two years later, Consuelo, joined by her husband, herein respondent Andres Guerrero (collectively, the
“Guerreros”), filed suit with the then Court of First Instance (CFI) of Rizal against petitioner Nicanor and two (2)
other brothers, for recovery of inheritance. Docketed as Civil Case No. 4871 and raffled to Branch VI of the
court, the complaint, inter alia, sought to have the aforementioned 1956 Agreement of Partition judicially
declared valid.
Pending resolution of Civil Case No. 4871, the following events transpired:
1. The Santos heirs executed on May 5, 1959 another document, denominated “Deed of Partition (With
More Corrections)”. In it, the properties allotted to the heirs belonging to “Group 4”, to which Consuelo and
Nicanor belonged, were divided into four (4) shares. Share No. 3 was adjudicated to Nicanor who, however, was
obligated to pay Consuelo the amount of P31,825.00.
2. Spouses Guerreros filed another complaint against petitioner Nicanor, docketed as Civil Case No. 5858
of CFI-Rizal, for the recovery of her (Consuelo’s) share under the May 5, 1959 Deed of Partition.
Civil Case No. 4871 and Civil Case No. 5858 would subsequently be consolidated before the CFI-Rizal,
Branch 11, presided, according to petitioner, by Judge Andres Reyes. On November 27, 1960, Judge Reyes
rendered a decision (Exh.“5”), disposing as follows:
IN VIEW OF THE FOREGOING, the Court hereby renders judgment, ordering the defendant [herein
petitioner] to comply with his part of the Deed of Partition and deliver to the plaintiff [respondent
Consuelo] the amount of P26,650.00 without prejudice to the right of reimbursement under the same
deed. No pronouncement as to costs.
SO ORDERED. (Words in bracket supplied)
[2]
Subsequently, the Guerreros instituted another complaint against Nicanor with the CFI at Pasig for recovery
of sums of money under the May 5, 1959 Deed of Partition. For some reason unclear from the records and which
the parties have not explained, the case was also assigned docket number Civil Case No. 5858. It was raffled to
Branch VI of the court, presided by Judge Eutropio Migriño.
[3]
Thereat, Nicanor, as defendant a quo, filed a third
party complaint against brothers Ernesto et al. And albeit not touched upon in the basic pleadings, the issue of
whether Nicanor was obligated to pay Consuelo the amount of P31,825.00, as stated in the 1959 deed of partition,
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Republic of the Philippines Supreme Court Manila ? ? THIRD DIVISION ? NICANOR T. SANTOS, ?????????????????????????????????? Petitioner, ? ? ? ? ? ????????????????? - versus - ? ? ? ? COURT OF APPEALS, CONSUELO T. SANTOS-GUERRERO and ANDRES GUERRERO, ???????????? ?????????????????Respondents. ? G.R. No. 134787 ? Present: ? ? PANGANIBAN, J., Chairman ? SANDOVAL-GUTIERREZ, ? CORONA, ? CARPIO MORALES, and ? GARCIA, JJ. ? Promulgated: ? November 15, 2005 ? x----------------------------------------------------------------------------------x ? ??????????????????????????????????????? D E C I S I O N ? GARCIA, J.: ??????? ??????? Jurisprudence is replete with cases of close family ties sadly torn apart by disputes over inheritance. This is one of them and, for sure, will not be the last. ? ??????? In this petition for review on certiorari under Rule 45 of the Rules of Court, petitioner Nicanor T. Santos assails and seeks to set aside the Decision dated March 24, 1998[1] of? the Court of Appeals (CA) in C.A. G.R. CV No. 50060 dismissing his appeal from the amended decision dated July 27, 1995 of the Regional Trial Court of Malabon-Navotas in Civil Case No. 1784-MN, an action for revival of judgment. ? ??????? The facts: ? ??????? Petitioner Nicanor T. Santos and private respondent Consuelo T. Santos-Guerrero are brother and sister, born to spouses Urbano Santos and Candelaria Santos, now both deceased. Sometime in 1956, Nicanor, Consuelo and eight of ...
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