G.R. No. L-48433. April 30, 1984.
PACITA, FILOMENO, REMEDIOS, ADELAIDA and NELIA, all surnamed DIMAYUGA, and HEIRS OF SOCORRO DIMAYUGA-LASALA; SERGIO LASALA, MARCELINO; SATURNINO and Minors AIDA, DANTE, BELEN, LITO, JOHN, ESTER and EDWIN, all surnamed LASALA, represented by guardian ad litem Sergio Lasala, petitioners, vs. COURT OF APPEALS and MANUEL DIMAYUGA, respondents.

FACTS

The case involves a thirteen-hectare homestead in Pola, Oriental Mindoro, originally registered under the spouses Genaro Dimayuga and Segunda Gayapanao. Upon Segunda’s death in 1940, the property, being conjugal, was inherited one-half by her son Manuel (the legitimate child) and the other half by her husband Genaro, subject to his usufruct. Genaro had six illegitimate children with Emerenciana Panganiban, whom he later married in 1947, thereby legitimating only the youngest, Nelia. In 1948, Genaro executed a notarized “partition of real property,” treating the entire homestead as his own and allocating portions to Manuel and the six illegitimate children. This partition was amended in 1951. Genaro died in 1948. In 1970, Manuel executed an affidavit of adjudication, obtained a new Torrens title for the entire homestead, and was subsequently sued by the illegitimate children for annulment of title and partition.

ISSUE

The primary issue is the validity of the 1948 partition and its effect on the successional rights to the homestead, and whether the illegitimate children acquired ownership through prescription or estoppel.

RULING

The Supreme Court reversed the trial court and upheld the Court of Appeals’ decision with modification. The 1948 partition was declared void. The homestead was conjugal property; thus, upon Segunda’s death, one-half belonged to her estate and was inherited by Manuel. Genaro could only dispose of his one-half share. In that half, Manuel and Nelia (as a legitimated child) were compulsory heirs entitled to their legitimes. The partition, which effectively deprived Manuel of his future inheritance in his father’s estate, was invalid. The Court also ruled that no prescription could run against the titled land, as the Property Registration Decree prohibits acquiring title to registered land by prescription in derogation of the registered owner. The five adulterous children (excluding Nelia) have no successional rights, being entitled only to support. The homestead is adjudicated three-fourths to Manuel (representing his inheritance from both parents) and one-fourth to Nelia (representing her share from Genaro’s estate).