G.R. No. 65416 October 26, 1999
CARLOMAGNO A. CRUCILLO, ADELAIDA C. PERENA, LUCIA ROZUL, PRIMITIVA MENDOZA SUMAGUI, YOLANDA ROZUL, PABLITA ROZUL, PETRITA ROZUL, ROSALINA ROZUL, MAXIMINO CRUCILLO, NICASIO SARMIENTO, MARCIAL SARMIENTO, CIPRIANO SARMIENTO, CONRADO CRUCILLO, LOURDES CRUCILLO, MIGUEL CRUCILLO, FELICIDAD CRUCILLO, and MIGUELA CRUCILLO, petitioners, vs. THE INTERMEDIATE APPELLATE COURT, LUCIO PERENA, RAFAEL A. CRUCILLO, MIGUEL R. PERLADO, FELIX NOCEDA, BENITA GATPANDAN NOCEDA, and THE PROVINCIAL ASSESSOR OF CAVITE, respondents.

FACTS

Balbino A. Crucillo died intestate in 1909, leaving two parcels of unregistered land in Mendez-Nunez, Cavite. He was survived by his heirs, who became co-owners of the property. In 1969, respondent Rafael A. Crucillo, one of the co-owners, executed a “Patuluyang Bilihan Ng Isang Lagay Na Lupa” selling a portion of the co-owned land to spouses Felix Noceda and Benita Gatpandan-Noceda for P20,000.00, receiving a partial payment of P4,000.00. Other co-owners objected, with Conrado Crucillo writing to the Register of Deeds to hold registration and Carlomagno Crucillo and Anita Perena returning the P4,000.00 to the Noceda spouses. In February 1971, a “Kasulatan Sa Partihang Labas sa Hukuman” was executed by Primitiva Mendoza, Carlomagno Crucillo, Adelaida A. Crucillo, and Rafael Crucillo, partitioning the estate into five equal parts for the heirs of Elena A. Crucillo, heirs of Maximino Crucillo, Adelaida A. Crucillo, Rafael A. Crucillo, and Carlomagno A. Crucillo. Subsequently, on February 19, 1971, Rafael Crucillo and the Noceda spouses executed a “Kasulatan Sa Ganap Na Bilihan” for the sale of a 245-square meter parcel for P25,000.00. The Provincial Assessor cancelled the old tax declaration and issued new ones in the names of the partition beneficiaries and the Noceda spouses. The Noceda spouses took possession, occupied the ancestral house, and made improvements. Petitioners filed a complaint for “Annulment of Extrajudicial Partition, Deed of Sale, and Tax Declaration Nos. 5413, 5414, 5415, 5416 and 5417 of the Office of the Provincial Assessor of Cavite, with Damages.” The trial court dismissed the complaint, ruling the partition was valid and the sale by Rafael Crucillo of his adjudicated share was likewise valid. The Intermediate Appellate Court affirmed the trial court’s decision.

ISSUE

Whether the extrajudicial partition and the subsequent sale by Rafael Crucillo of his adjudicated share are valid.

RULING

The Supreme Court AFFIRMED the Resolution of the Intermediate Appellate Court. The extrajudicial partition was valid as it was executed by the heirs who had the right to represent the others, constituting a valid agreement binding on all heirs. The partition effectively segregated Rafael Crucillo’s share, making him the exclusive owner thereof. Consequently, the sale by Rafael Crucillo of his specific, segregated share to the spouses Noceda was valid. The Court found no merit in the petitioners’ claim for damages. The dispositive portion states: “WHEREFORE, the Resolution dated October 7, 1983 of the former Intermediate Appellate Court (now Court of Appeals) is AFFIRMED.”