GR 100894; (January, 1993) (Digest)
G.R. No. 100894 January 26, 1993
JOSE R. GUEVARRA, petitioner, vs. THE HON. COURT OF APPEALS, and LUCIA VDA. DE GUEVARRA, respondents.
FACTS
Constancio Guevarra was the agricultural lessee/tenant of a 2.2853-hectare land in Bacolor, Pampanga, owned by Eulalia Liongson, which was placed under Operation Land Transfer (PD 27). Upon Constancio’s death in 1972, his sons, Raymundo R. Guevarra (husband of private respondent Lucia Vda. de Guevarra) and petitioner Jose R. Guevarra, succeeded him. From 1976 to 1980, Raymundo cultivated the land with Jose working as a farm laborer. In 1980, the land was converted from riceland to a mango orchard, after which Jose ceased working as a laborer. In 1983 and again in 1984, Jose executed notarized Waivers of Right over the landholding in favor of Raymundo at the DAR office, citing ill health. Based on these waivers, the DAR issued Transfer Certificates of Title (TCT Nos. 648 and 649) in Raymundo’s name. Raymundo died in 1985 and was succeeded by his widow, Lucia. In May 1986, Lucia decided to replant the land with palay. Jose then forcibly entered and cultivated one-half (1 hectare) portion of the land. Despite demands and interventions by the DAR, barangay, and PC, Jose refused to vacate. Lucia filed a complaint to enforce her rights under agrarian laws and to restrain Jose from dispossessing her.
ISSUE
Whether the waivers of right executed by Jose R. Guevarra in 1983 and 1984 were tainted with fraud and deceit, thereby invalidating the Transfer Certificates of Title issued to his brother Raymundo.
RULING
The petition is DENIED. The Supreme Court affirmed the decisions of the lower courts. The issue of fraud and deceit in the execution of the waivers is a factual question. The trial court and the Court of Appeals found that the waivers were not tainted with fraud or deceit, a factual finding binding on the Supreme Court. Fraud and deceit must be proven by evidence, and no such proof was established. Therefore, the waivers and the subsequent issuance of titles to Raymundo were valid. Jose R. Guevarra was ordered to vacate the landholding, cease harassing Lucia Vda. de Guevarra, and the harvest proceeds deposited with the court were ordered released to her.