Yturralde vs. CA, 43 SCRA 315

FACTS: Spouses Francisco Yturralde and Margarita de los Reyes,owned a parcel of agricultural land located in Guilinan, Tungawan,Zamboanga del Sur, containing an area of 14.1079 hectares, moreor less, and registered in their names under Original Certificate of Title No. 2356 of the Office of the Register of Deeds of Zamboangadel Sur. Sometime in the year 1944, Francisco Yturralde diedintestate, survived by his wife, Margarita de los Reyes, and theirchildren who are the petitioners herein, Ernesto, Fortunata,Montano, Zosimo, Ramon, Guadalupe, Luis, Josefina and Rosalia, allsurnamed Yturralde. In 1950, Margarita de los Reyes contracted asecond marriage with her brother-in-law and uncle of thepetitioners herein, DamasoYturralde. On May 30, 1952, DamasoYturralde and Margarita de los Reyesexecuted a deed of sale with right of repurchase in favor of therespondent herein, IsabeloRebollos, covering the above-mentionedproperty in consideration of the sum of P1,715.00. The vendors aretro failed to exercise the right to repurchase the property withinthe three-year period agreed upon, which expired on May 30, 1955.In 1961, Margarita de los Reyes died.On May 3, 1965, the respondent, IsabeloRebollos, filed a petitionfor consolidation of ownership with the Court of First Instance of Zamboanga del Sur, docketed as Civil Case No. 436 therein, namingas respondents in the case the petitioners herein and DamasoYturralde (Annex A, Petition). Summons was then issued, andreceived on June 17, 1965 by the respondent therein, Damaso, Ernesto, Fortunata, Montano, Guadalupe, Luis and Rosalia, allsurnamed Yturralde (Annexes C and F, Petition). However,summons could not be served on three of the respondents therein,Josefina, Zosima and Ramon Yturralde, as they were no longerresiding at their last known addresses (Annexes B, C and F, Petition).The Judge then presiding the Court of First Instance of Zamboangadel Sur, Hon. DimalanesBuissan, in his order dated October 7, 1965,directed that summons be served upon the said three respondentstherein (Annex C, Petition). On November 20, 1965, the Courtrendered a decision consolidating the ownership of the subject tproperty in favor of Rebollos, and ordering the Register of Deeds of Zamboanga del Sur to cancel Original Certificate of Title No. 2356covering said property and, in lieu thereof, to issue a transfercertificate of title in the name of Rebollos (Annex H, Petition).

ISSUE: Whether the requirements for consolidation of ownershipby vendee a retro had been complied with.

HELD: Unlike the old Civil Code, Article 1607 of the new Civil Code of 1950provides that consolidation of ownership in the vendee a retro of real property by virtue of the failure of the vendor a retro “tocomply with the provisions of Article 1616 shall not be recorded inthe Registry of Property without a judicial order, after the vendorhas been duly heard.” In the case of Teodoro vs. Arcenas, 1 thisCourt, through Mr. Justice Jose B. L. Reyes, ruled that under theaforesaid Article 1607 of the new Civil Code, such consolidationshall be effected through an ordinary civil action, not by a mere

Digest Credit:  Irvin Henson S. Ilog

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