Salvador v. Maria

J.P., J.:

Seven parcels of titled land and two parcels of untitled land, situated in Bigaa, Bulacan, were owned by Celestino Salvador. In 1941, he executed a deed of sale over them in favor of the spouses Alfonso Salvador and Anatolia Halili. Alleging that the sale was void for lack of consideration, he filed on May 12,1955, against said vendees, a suit for reconveyance of said parcels of land (CFI of Bulacan, Br.

I, Civil Case No. 1082). On April 27, 1956, Celestino Salvador died, testate. As his alleged heirs, twenty-one persons1 were on May 18, 1956 substituted as plaintiffs in the action for reconveyance.

And meanwhile, special proceedings for the probate of his will and for letters testamentary was instituted (CFI of Bulacan, Br. II, Sp. Proceedings No. 940).

In said proceedings, Dominador Cardenas was appointed on June 11, 1956 special administrator of Celestino Salvador's testate estate.1äwphï1.ñët On September 4, 1956 the administrator filed in Sp. Proceedings No. 940 an inventory of properties of the estate, covering the same parcels of land subject matter of the reconveyance action. On September 7, 1956, Celestino Salvador's will was admitted to probate and Dominador Cardenas was appointed executor of said will.

Actual issuance of letters testamentary to him was made on October 27, 1956. Twenty-three (23) persons were instituted heirs in the will. Of these, nine (9) were not among the twenty-one (21) alleged relatives substituted in the reconveyance case; and of the twenty-one (21) substituted alleged heirs seven (7) were not instituted in the will.2 In the suit for reconveyance, on November 26, 1956, the Court (CFI of Bulacan, Br.

I) rendered judgment, ordering the defendants therein (the spouses Alfonso and Anatolia), to reconvey the parcels of land to the estate of Celestino Salvador. Appeal therefrom to the Court of Appeals was interposed by said defendants.1äwphï1.ñët On August 12, 1961, the Court of Appeals affirmed the reconveyance judgment, with the correction that reconveyance be in favor of the twenty-one(21) heirs substituted as plaintiffs therein. About three years later, pursuant to an order of the CFI of Bulacan, Br.

II, in the testacy proceedings, dated April 21, 1964, one of the parcels of land involved, Lot 6, was sold so that with its proceeds debtors who filed claims may be paid. The Philippine National Bank bought it at P41,184.00. Said amount was then deposited in the same bank by the administrator, subject to Court order.

On December 18, 1964, defendants in the suit for reconveyance executed a deed of reconveyance over the subject parcels of land, in favor of Celestino Salvador's estate. Revoking the same as lot in accordance with the final judgment therein, the CFI of Bulacan, Br. I, on September 24, 1965, ordered a new deed of reconveyance to be executed, in favor of the twenty-one persons substituted as plaintiffs in that action.

Accordingly, on September 30, 1965, a new deed of reconveyance was made, in favor of said twenty-one (21) persons as heirs of Celestino. Following this, on November 22, 1965, said Br. I, ordered the corresponding title certificate (TCT No. 54639) in the administrator's name, cancelled; new title certificate to be issued in the names of the same twenty-one (21) persons.

Said order was carried out, and TCT No. 63734 was issued in the names of the twenty-one persons.3 On December 7, 1965, Br.

I (reconveyance court) ordered the Philippine National Bank to release the P41,184.00 proceeds of the sale of Lot 6, to the twenty-one (21) plaintiffs in the reconveyance case. Apparently, although the passbook was given by the administrator to said twenty-one persons, no release was made, as the Philippine National Bank awaited Br. II's order.

Br. II, on March 1, 1966, approved the following claims against the estate: Taxes - Nat'l. gov't P5,328.23 Atty's fees - Atty. Enriquez 8,000.00 Atty's fees - Atty. Jamir 12,000.00 Loan - R. Cabrera 13,544.35 T O T A L .

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