G.R. No. 208595, August 28, 2019.
GUINO ESCABARTE, ET AL., PETITIONERS, VS. HEIRS OF BENIGNO ISAW, NAMELY: MERLINDA ALBA VDA. DE ISAW, JERRY D. ISAW, GENALIE ISAW AND JESSIE ISAW, RESPONDENTS.

FACTS

Spouses Ipo Bawing and Tanod Subano owned a 16.2962-hectare land covered by OCT No. RP-837(3107). Upon their deaths, the property passed to their eight children. Three of these children (through Pelagia Isig, heir of Octoc and Igbay, and Martina) sold their respective aliquot shares to spouses David and Luz Barrios in 1960 and 1962. In September 1976, spouses Barrios reconveyed these shares via a Deed of Resale to Fausto and Benigno Isaw (sons of another heir, Garay). Subsequently, Fausto sold his rights to Benigno. In 1980, the property was subdivided into five lots. TCT Nos. T-34992 and T-34994 were issued in Benigno’s name for Lots 1 and 3, while TCTs for Lots 2, 4, and 5 remained in the name of Ipo Bawing. Benigno and his family possessed Lots 1 and 3 from 1980 onward. In 2003, petitioners (other heirs and descendants) filed an action for annulment of Benigno’s titles and judicial partition, alleging that the 1976 reconveyance was for the benefit of all heirs subject to reimbursement, and that Benigno fraudulently titled the lots in his name. Respondents countered that there had been an oral partition and that Benigno’s registration repudiated the co-ownership.

ISSUE

Whether Lots 1 and 3, registered in Benigno’s name, form part of the estate of spouses Bawing and are thus subject to partition among all heirs.

RULING

No. The Supreme Court denied the petition and affirmed the Court of Appeals. The Deed of Resale in favor of Fausto and Benigno constituted an ordinary sale, not a redemption for the benefit of all co-heirs under Article 1088 of the Civil Code. For legal redemption among co-heirs to apply, the redeeming co-heir must exercise the right within one month from written notice of the sale by the vendor. The sales by the original heirs to spouses Barrios occurred in 1960 and 1962, and there was no evidence that the other heirs were notified in writing or that they exercised any right of redemption within the prescribed period. The subsequent resale to Fausto and Benigno in 1976 was therefore a purchase for their own account. By this purchase, Fausto and Benigno acquired three-eighths of the property to the exclusion of the other heirs. When Fausto later sold his share to Benigno, Benigno became the sole owner of those portions. His open, continuous, and unchallenged possession and registration of the lots since 1980 further solidified his exclusive ownership. Consequently, Lots 1 and 3 are not part of the estate for partition. The partition ordered by the CA for the remaining lots (2, 4, and 5) among the other five children of the spouses Bawing or their heirs was upheld.