G.R. No. 32944 , November 4, 1930
LEDESMA HERMANOS, applicant-appellant, vs. INES CASTRO, CONCEPCION CASTRO and DOLORES CASTRO, opponents-appellants. RAFAEL SANTOS, ET AL., opponents-appellees.

FACTS

Ledesma Hermanos applied for registration of two parcels of land in Cadastral Case No. 109. The Castro sisters (Ines, Concepcion, and Dolores) opposed, claiming ownership. Meanwhile, in a separate registration proceeding (Case No. 114), the spouses Rafael Santos and Albina Lopez applied for and obtained registration of Lot 1-E, which was part of the land claimed by Ledesma. The Castro sisters asserted rights based on a previous case (No. 49) where their mother, Anacleta Cortes Vda. de Castro, had opposed Teodoro Sison’s application. That opposition was settled by an agreement where Anacleta and her two adult sons waived their rights in favor of Ambrosio Sison, who later sold the land to Ledesma. At the time of the agreement, the Castro sisters were minors under their mother’s guardianship.

ISSUE

1. Whether the decision in Case No. 114 (favoring Santos and Lopez) constitutes res judicata against Ledesma regarding Lot 1-E.
2. Whether the Castro sisters are bound by the waiver agreement executed by their mother and brothers, thereby forfeiting their claim to the land.

RULING

1. On Lot 1-E (Santos and Lopez): The Court affirmed the trial court’s exclusion of Lot 1-E from Ledesma’s application. The decision in Case No. 114 had become final and constituted res judicata. Ledesma failed to object in those proceedings despite notice, and Santos and Lopez proved ownership through acquisitive prescription (over 35 years of possession).
2. On the Castro Sisters’ Claim: The Court reversed the trial court’s dismissal of the Castro sisters’ opposition. The waiver agreement was void as to the minors (the sisters) because their mother, as guardian, acted without court approval as required by Section 569 of the Code of Civil Procedure. Thus, the sisters retained their rights to three-tenths (3/10) of the land in undivided ownership.
The case was remanded for partition: seven-tenths (7/10) to Ledesma and three-tenths (3/10) to the Castro sisters equally.