11/9/2023 0 Comments Father ferdi santosThey also averred that their parents did not receive due consideration for the transaction, and if Ponciano succeeded in making them sign said 1978 Deed, they did so without knowledge of its import. Īccording to petitioners, their parents did not sign the OctoDeed of Absolute Sale (1978 Deed) in favor of Ponciano and their signatures may have been forged. Pabiloña, Virginia Go, Gemma Tan Ongking, Arthur C. T-10330 of the same Registry was issued to Julian Y. T-15125, T-24806, T-24807, T-24808 and T-24809, all of the Registry of Deeds for Tagaytay City, were issued to Ponciano, while TCT No. Resultantly, Transfer Certificate of Title (TCT) Nos. O-197 and O-443 were cancelled, the former with respect only to Lots 10 and 17. īy virtue of the aforesaid Deeds of Absolute Sale, OCT Nos. O-443, and over Lots 6, 4 and 9-A with a total area 71,520 sq m which then had no technical description, for the total consideration of P704,243.77. (2) Deed of Absolute Sale dated October 3, 1978, executed by Venancio and Leonila in favor of Ponciano, over the remaining lots under OCT No. Chua and Lee Hiong Wee (Pabiloña, et al.), for the price of P160,940.00 and ![]() ![]() O-197, executed by Ponciano as Venancio and Leonila's attorney-in-fact, in favor of Julian Y. (1) Deed of Absolute Sale dated June 9, 1976, over Lot 30 under OCT No. In support of their Complaint, petitioners claimed that Ponciano, taking advantage of his being the eldest child and his close relationship with their parents, caused the simulation and forgery of the following documents: Petitioners alleged that the parties were the only heirs of the late spouses Venancio and Leonila who died without leaving any will and without any legal obligation. TG-1643, was filed before the RTC of Tagaytay City by the petitioners against Ponciano and his wife Eufemia Perez Almeda (Eufemia) and the Register of Deeds of Tagaytay City, with Severina's surviving spouse, Cesar Santos and children, Rosana, Norman and Ferdinand, as unwilling plaintiffs. On October 10, 1996, a Complaint for Nullity of Contracts, Partition of Properties and Reconveyance of Titles with Damages, docketed as Civil Case No. Within the year of Leonila's death on April 17, 1993, Rafael, Emerlina, Alodia, Leticia and Norma filed a notice of adverse claim with the Register of Deeds of Tagaytay City over their parents' properties. Venancio died at the age of 90 on FebruLeonila died eight years later on April 3, 1993, aged 97. O-443 covered Lot 9 measuring 33,946 sq m, more or less. O-197 embraced four (4) parcels of land with an aggregate area of 95,205 square meters more or less, to wit: Lot 10 (48,512 sq m), Lot 17 (37,931 sq m), Lot 30 (8,047 sq m) and Lot 32 (715 sq m) and OCT No. Almeda married to Venancio Almeda." OCT No. O-197 and O-443 were registered in the name of "Leonila L. O-197 and O-443 of the Office of the Register of Deeds for Tagaytay City, which Leonila inherited from her parents. On May 19, 1976, a Power of Attorney was executed by Venancio and Leonila, who were then 80 and 81 years old respectively, granting Ponciano, among others, the authority to sell the parcels of land covered by Original Certificate of Title (OCT) Nos. Almeda (Ponciano), Rafael, Emerlina, Alodia, Leticia, Norma, Benjamin Almeda and Severina Almeda-Santos (Severina) and Rosalina Almeda-Tibi (Rosalina), Publio's deceased wife. Spouses Venancio Almeda (Venancio) and Leonila Laurel-Almeda (Leonila) were the parents of nine children: Ponciano L. ![]() TG-1643, which dismissed their Complaint for Nullity of Contracts, Partition of Properties and Reconveyance of Title with Damages, and the CA Resolution dated Octodenying petitioners' Motion for Reconsideration. ![]() 86953, denying Rafael Almeda (Rafael), Emerlina Almeda-Lirio (Emerlina), Alodia Almeda-Tan (Alodia), Leticia Almeda-Magno (Leticia), Norma Almeda-Matias (Norma) and Publio Tibi's (Publio) (collectively, the petitioners) appeal from the Order dated Septemof the Regional Trial Court (RTC) of Tagaytay City, Branch 18, in Civil Case No. This Petition for Review on Certiorari assails the Decision of the Court of Appeals (CA) in CA-G.R.
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