3. Peralta v Heirs of Bernardina G.R. no.

183448 June 30, 2014

Facts: The subject parcel of land, described as Lot 1679 of the Cadastral Survey of Legaspi, consisting of
8,571 square meters, was registered in the name of Bernardina Abalon (Abalon). It appears that a Deed
of Absolute Sale was executed over the subject property in favor of Restituto M. Rellama (Rellama) on
June 10, 1975. By virtue of such conveyance OCT No. (O) 16 was cancelled and in lieu thereof Transfer
Certificate of Title (TCT) No. 42108 was issued in the name of Rellama. The subject property was then
subdivided into three (3) portions: Lot 1679-A, Lot 1679-B, Lot 1679-C, Lot 1679-A was later sold to
Spouses Dominador P. Peralta, Jr. and Ofelia M. Peralta (Spouses Peralta) and Lots 1679-B and 1679-C
to Marissa Andal, Arnel Andal, and Leonil Andal (the Andals). Corresponding certificates of title were
issued in their names.

Claiming that the Deed of Absolute Sale executed by Abalon in favor of Rellama was a forged document,
and claiming further that they acquired the subject property by succession, they being the nephew and
niece of Abalon who died without issue, plaintiff-appellees Mansueta Abalon and Amelia Abalon filed the
case below against Rellama, Spouses Peralta, and the Andals, the herein defendants-appellants and the
Bank of the Philippines [sic] Islands which was later dropped as a party defendant. They averred that the
owners duplicate copy of Oct NO. (O) 16 had always been with Abalon and that upon her death, it was
delivered to them. Likewise, they alleged that Abalon had always been in possession of the subject
property through her tenant Pedro Bellen who was thereafter succeeded by his wife, Ruperta Bellen, and
then his son, Godofredo Bellen. On the other hand, they said that Rellama had never set foot on the land
he was claiming. They further alleged that after the ownership over the subject property was transferred
to them upon the death of Abalon, they took possession thereof and retained Godofredo as their own
tenant.

Whether the respondents have legal standing in this case.

Whether there was a valid donation between Bernardina and respondents.

Held: On the issue of the legal standing of the Abalons to file this case, we find that the CA correctly
upheld their standing as heirs of the deceased Bernardina Abalon. The appellate court ruled that during
her lifetime, Bernardina Abalon had promised her heirs - siblings Mansueto and Amelia - that she would
give them the subject property. A duplicate copy of OCT No. (0) 16 was delivered to them upon her
death. Thus, the CA concluded that the two siblings acquired the subject property by ordinary
prescription. Further, it deduced that the mode of transmission of the property from Bernardina to her
nephew and niece was a form of donation mortis causa, though without the benefit of a will. 36 Despite this
omission, it still held that Mansueto and Amelia acquired the subject property through ordinary acquisitive
prescription because, since the death of their aunt Bernardina, they had been in possession of the
property for more than 10 years that ripened into full ownership.

While we agree with the CA that the donation mortis causa was invalid in the absence of a will, it erred in
concluding that the heirs acquired the subject property through ordinary acquisitive prescription. The
subject parcel of land is a titled property; thus, acquisitive prescription is not applicable. 39 Upon the death
of Bernardina, Mansueto and Amelia, being her legal heirs, acquired the subject property by virtue of
succession, and not by ordinary acquisitive prescription.