DIGEST/ FLORES MAY L. OROSA/ CHUNG JR. VS MONDRAGON

JOAQUIN G. CHUNG, JR., PAZ ROYERAZ-SOLER, and MANSUETO MACEDA, Petitioners,

vs.

JACK DANIEL MONDRAGON, (deceased), substituted by his sisters namely: TEOTIMA M. BOURBON, EMMA M. MILLAN, EUGENIA M. RAMA and ROSARIO M. CABALLES; CLARINDA REGIS-SCHMITZ and MARIA LINA MALMISA, Respondents

G.R. No. 179754               November 21, 2012 

FACTS: 

Petitioners Joaquin G. Chung, Jr., Paz Royeras-Soler, and Mansueto Maceda are descendants of Rafael Mondragon (Rafael) by his first wife, Eleuteria Calunia (Eleuteria), while respondent Jack Daniel Mondragon (Jack Daniel) is Rafael's descendant by his second wife, Andrea Baldos (Andrea).

OCT No. 22447 is registered in the name of "Heirs of Andrea Baldos represented by Teofila G. Maceda" and covers 16,177 square meters of land in Macrohon, Southern Leyte (the land). Chung, et al. claim that from 1921 up to 2000, Rafael appeared as owner of the land in its tax declaration, and that a free patent was issued in 1987 in the name of Andreas heirs upon application of Teofila G.Maceda (Teofila), who is petitioners sister.

On the other hand, respondents Bourbon, et al. claim that Andrea is the exclusive owner of the land, having inherited the same from her father and that after Andrea died, his son Fortunato Mondragon inherited the land; and when the latter died, his son Jack Daniel (herein respondent) came into possession and enjoyment thereof. Sometime in the year 2000, Jack Daniel sold a 1,500-square meter portion of the land to his co-respondent Clarinda Regis-Schmitz (Regis-Schmitz).

On the claim that Jack Daniel had no right to sell a portion of the land and that the sale to Regis-Schmitz created a cloud upon their title, Chung, Jr., et al. filed an action to quiet title. The RTC dismissed the complaint of Chung, Jr., et al. The CA sustained the trial court.

ISSUE: 

Should the action to quiet title prosper?

RULING: 

No. The issues in a case for quieting of title are fairly simple; the plaintiff need to prove only two things, namely: (1) the plaintiff or complainant has a legal or an equitable title to or interest in the real property subject of the action; and (2) that the deed, claim, encumbrance or proceeding claimed to be casting a cloud on his title must be shown to be in fact invalid or inoperative despite its prima facie appearance of validity or legal efficacy.

It is evident from the title that the land belongs to no other than the heirs of Andrea Baldos, Rafael's second wife. The land could not have belonged to Rafael, because he is not even named in OCT No. 22447.With greater reason may it be said that the land could not belong to petitioners, who are Rafael's children by his first wife Eleuteria. Unless Eleuteria and Andrea were related by blood such fact is not borne out by the record they could not be heirs to each other. Add to this is the fact that petitioners are not in possession of the land. Petitioners do not possess legal or equitable title to the land.