𝐂𝐚𝐧 𝐭𝐡𝐞 𝐡𝐞𝐢𝐫𝐬 𝐨𝐟 𝐁𝐚𝐲𝐨𝐠-𝐀𝐧𝐠 𝐚𝐜𝐪𝐮𝐢𝐫𝐞 𝐨𝐰𝐧𝐞𝐫𝐬𝐡𝐢𝐩 𝐨𝐟 𝐭𝐡𝐞 𝐩𝐚𝐫𝐜𝐞𝐥 𝐭𝐡𝐫𝐨𝐮𝐠𝐡 𝐬𝐮𝐜𝐜𝐞𝐬𝐬𝐢𝐨𝐧, 𝐠𝐢𝐯𝐞𝐧 𝐭𝐡𝐚𝐭 𝐭𝐡𝐞 𝐝𝐞𝐜𝐞𝐝𝐞𝐧𝐭 𝐡𝐚𝐝 𝐚𝐥𝐫𝐞𝐚𝐝𝐲 𝐬𝐨𝐥𝐝 𝐭𝐡𝐞 𝐥𝐚𝐧𝐝 𝐝𝐮𝐫𝐢𝐧𝐠 𝐡𝐢𝐬 𝐥𝐢𝐟𝐞𝐭𝐢𝐦𝐞?
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The land in question was originally owned by Ciriaco Bayog-Ang. He sold a 10,838 sqm portion to Florence Quinones in February 1964, with evidence of a notarized Deed of Absolute Sale. After Ciriaco Bayog-Ang’s death, his heirs executed an extrajudicial settlement of estate in 1996, claiming the same parcel as part of the inheritance and obtained a new TCT in their names.
Can the heirs of Bayog-Ang acquire ownership of the parcel through succession, given that the decedent had already sold the land during his lifetime?
The Supreme Court said that the sale to Quinones transferred the ownership. The land did not form part of the estate to be inherited by their heirs. The heirs cannot claim ownership by succession. Article 776 “The inheritance includes all the property, rights and obligations of a person which are not extinguished by his death. Since Ciriaco had already conveyed the parcel to Quinones, the heirs could not inherit that portion. The registration of property under the heirs name is not a mode of acquiring ownership, it merely provides notice.
What will be the next step since the heir transferred the parcel to their name?
The Quinones may file a petition for annotation of the Deed of Absolute Sale with the Register of Deeds of Kidapawan. The court already ordered the Register of Deeds to annotate the deed and to present the owner’s duplicate of TCT for this purpose. After annotation, the Register of Deeds must issue a new Transfer Certificate of Title in the name of Florence Quinones (or her successor). The parties in this case are also directed to cause a subdivision survey of the 10,848 sqm lot, and to convey the surveyed parcel to the Quinones-Donasco heirs.
