CASE DIGEST: Teodoro Acap vs CA, Edy Delos Reyes G.R. No. 118114 December 7, 1995 (251 SCRA 30) (Yellow Pad digest)

Document = “Declaration of Heirship and Waiver of Rights”

Rental = 10 Cavans of Palay

Facts:

·      Lot 1130 is registered in the name of Spouses Vasquez, they died. Their son, Felixberto inherited the lot, he then executed a DEED OF SALE to Cosmo Pido. Teodoro Acap  a tenant that occupies 9,500m still occupied the lot even after the transfer of ownership, he paid his rentals religiously, even after Pido died. Pido’s heris waived their rights (via the DOCUMENT) in favor of Edy.

·      Edy informed Ted that he is the owner and that the monthly should be paid to him, Ted agreed to pay the annual RENTAL.

·      Come 1983, Ted refused to pay anymore monthly lease, this prompted Ed to ask for assistance from the Ministry of Agrarian Reform (MAR).

·      MAR invited Ted to a conference to discuss the matter but he did not attend, however, he sent his wife, MAR told the wife that Ed is the new owner of the lot but she said that they do not recognize Ed’s ownership.

·      After 4 years,  Edy filed a complaint for recovery of possession and damages against Ted.

·      During Trial, Ted contended that he does not recognize the ownership of Edy but still recognize the ownership of Pido, he as well told that Pido’s widow told him that he should stay in the lot and withhold any monthly payment until she arrives or demands it (The widow is in USA).

·      RTC ruled in favor of Edy. CA brushed aside Ted’s argument.

Issue: W/ON the DOCUMENT  can be considered as a deed of sale?

Held: No. IN A CONTRACT OF SALE, ONE OF THE PARTIES OBLIGATES HIMSELF TO TRANSFERAND DELIVER, THE OTHER TO PAY THE PRICE. Declaration of Heirship and Waiver of Rights operates as a public instrument when filed with the Registry of Deeds whereby the instestate heirs adjudicate and divide the estate left by the descendant.

Sale = Presumes the existence of a contract

Waiver = mode of extinction of ownership

Source and Full text: http://www.lawphil.net/judjuris/juri1995/dec1995/gr_118114_1995.html