Theresita v. Jose · G.R. 201011

Petitioner: Theresita
Respondent: Jose
Citation: G.R. No. 201011
Court: Supreme Court
Division: Third Division
Ponente: Mendoza, J.
Decided: January 27, 2014

Summary

The Dimaguila heirs disputed the Monteiro spouses' claim to a 1/3 portion of southern-half of ancestral property in Liliw, Laguna. Originally filed as partition case in 1993, it was amended to recovery of possession in 2001. The Supreme Court affirmed lower courts' findings that the property was actually partitioned between brothers Perfecto and Vitaliano Dimaguila in 1945, despite the deed stating 'share and share alike.' The Court applied judicial estoppel against the Dimaguilas who initially admitted the partition in their original answer but later denied it. The Monteiros validly acquired Pedro's 1/3 share through a deed of sale supported by cadastral maps and assessor's records. The decision established important precedents on judicial admissions, estoppel in property disputes, and admissibility of official records as evidence.

Statutes applied

Civil Code, Art. 1431

Related cases

Other Philippine cases on the same provisions and issues.

Spouses Jaime v. The Honorable Court of Appeals G.R. No. 84464
Philippine National Bank v. The Honorable Intermediate Appellate Court (First Civil Cases Division) G.R. No. 66715
The Commoner Lending Corporation v. Rafael Balandra G.R. No. 247646
Maria L. Harold v. Agapito T. Aliba G.R. No. 130864
Kue Cuison v. The Court of Appeals G.R. No. 88539
Imelda M. Siroy v. Rudolf Lietz G.R. No. 204013
Rizal Commercial Banking Corporation v. Commissioner of Internal Revenue G.R. No. 170257
Antipolo Properties v. Cesar Nuyda G.R. No. 171832

By the Intellegal Editorial Board · January 27, 2014

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