GR 157476; (March, 2011) (Digest)
G.R. No. 157476 ; March 16, 2011
VENANCIO GIVERO, EDGARDO GIVERO and FLORIDA GAYANES, Petitioners, vs. MAXIMO GIVERO and LORETO GIVERO, Respondents.
FACTS
The dispute involves a portion of Lot No. 2618 (Matnog Cadastre) claimed by petitioners, particularly Venancio Givero. Respondents, children of the late Rufino Givero (brother of Venancio), insist the entire lot (12,952 sqm) was Rufino’s share from the oral partition of the estate of their parents, spouses Teodorico Givero and Severina Genavia. Teodorico orally partitioned properties among their 11 children during his lifetime. After his death (1917), Severina delivered the shares. Rufino, the youngest, received the property in Barangay Gadgaron, which included Lot No. 2618. Rufino died in 1942. His widow, Remedios, and children (respondents Maximo and Loreto, and deceased Juan) occupied the lot until the Japanese occupation, temporarily relocated, then returned in 1945. In 1952, Remedios permitted Venancio to build a house on a portion for his school-going children. In March 1982, Venancio asserted ownership over a 5,000-sqm portion by declaring it for taxation and erecting a fence. This prompted respondents to file an action for quieting of title and recovery of possession in 1987.
ISSUE
Whether the petitioners have a valid claim to a portion of Lot No. 2618, thereby warranting a reversal of the lower courts’ decisions which ruled in favor of the respondents.
RULING
The Supreme Court DENIED the petition and AFFIRMED the decisions of the Court of Appeals and the Regional Trial Court. The Court held that the petitioners failed to sufficiently show any reversible error in the assailed judgment. The factual findings of the trial court, affirmed by the Court of Appeals, are conclusive and binding. The trial court found that the oral partition made by Teodorico Givero was valid and binding. The property in question was conclusively established as the share of Rufino Givero, as corroborated by the testimonies of siblings Luciano and Maria Givero. Venancio Givero’s own judicial admission showed his share was in Balocawe, not in the disputed Gadgaron property. His act of witnessing the 1956 Deed of Donation executed by Severina in favor of Rufino’s heirs estopped him from later claiming ownership. His possession of the disputed portion was merely by tolerance of Remedios, not in the concept of an owner. Therefore, the respondents are the rightful owners of Lot No. 2618.