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    Sps Santos V Heirs of Lustre

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    BAROPS
    This case involves two separate complaints filed by different heirs of Lustre regarding property that was originally owned by Lustre but was allegedly sold through fraudulent means. The first complaint was filed by Macaspac alone seeking reconveyance of the property solely to her. The second complaint was filed by other heirs seeking to have the original title of Lustre reinstated or a new title issued. The court found there was no forum shopping because the plaintiffs in the two cases did not have identity of parties, as Macaspac was not acting in privity with or for the benefit of the other heirs when she filed the first case solely for her own interests. Additionally, the court found the heirs' action for reconveyance

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    Sps Santos V Heirs of Lustre

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    BAROPS
    456 views1 page
    This case involves two separate complaints filed by different heirs of Lustre regarding property that was originally owned by Lustre but was allegedly sold through fraudulent means. The first complaint was filed by Macaspac alone seeking reconveyance of the property solely to her. The second complaint was filed by other heirs seeking to have the original title of Lustre reinstated or a new title issued. The court found there was no forum shopping because the plaintiffs in the two cases did not have identity of parties, as Macaspac was not acting in privity with or for the benefit of the other heirs when she filed the first case solely for her own interests. Additionally, the court found the heirs' action for reconveyance

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    Sps Santos v Heirs of Lustre

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    This case involves two separate complaints filed by different heirs of Lustre regarding property that was originally owned by Lustre but was allegedly sold through fraudulent means. The first complaint was filed by Macaspac alone seeking reconveyance of the property solely to her. The second complaint was filed by other heirs seeking to have the original title of Lustre reinstated or a new title issued. The court found there was no forum shopping because the plaintiffs in the two cases did not have identity of parties, as Macaspac was not acting in privity with or for the benefit of the other heirs when she filed the first case solely for her own interests. Additionally, the court found the heirs' action for reconveyance

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    456 views1 page

    Sps Santos V Heirs of Lustre

    Uploaded by

    BAROPS
    This case involves two separate complaints filed by different heirs of Lustre regarding property that was originally owned by Lustre but was allegedly sold through fraudulent means. The first complaint was filed by Macaspac alone seeking reconveyance of the property solely to her. The second complaint was filed by other heirs seeking to have the original title of Lustre reinstated or a new title issued. The court found there was no forum shopping because the plaintiffs in the two cases did not have identity of parties, as Macaspac was not acting in privity with or for the benefit of the other heirs when she filed the first case solely for her own interests. Additionally, the court found the heirs' action for reconveyance

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    of 1

    Title of the Case: Sps Santos v Heirs of Lustre certificate of title be issued in her name.

    August 6, 2008 NACHURA


    CivPro: forum shopping, prescription Issue #1: Does prescription or laches apply?
    Decision: No
    Facts: Ratio:

    Lustre owned a lot which she mortgaged & later on sold to The action for reconveyance on the ground that the
    Natividad Santos who subsequently sold it to her son certificate of title was obtained by means of a fictitious deed
    Froilan for which a TCT was issued in his name. of sale is virtually an action for the declaration of its nullity,
    which does not prescribe. Moreover, a person acquiring
    Lustre’s heirs Macaspac & Maniquiz filed w/ RTC of property through fraud becomes, by operation of law, a
    Gapan, Nueva Ecija a Complaint for Declaration of the trustee of an implied trust for the benefit of the real owner of
    Inexistence of Contract, Annulment of Title, Reconveyance the property. An action for reconveyance based on an
    and Damages against Froilan Santos. implied trust prescribes in ten years. And in such case, the
    prescriptive period applies only if there is an actual need to
    Lustre’s other heirs filed a Complaint for Annulment of reconvey the property as when the plaintiff is not in
    Transfer Certificate of Title and Deed of Absolute Sale possession of the property. Otherwise, if plaintiff is in
    against spouses Santos, Froilan Santos, R Transport Corp, possession of the property, prescription does not commence
    Cecilia Macaspac with the same RTC. Macaspac was to run against him. Thus, when an action for reconveyance
    impleaded as defendant in the 2nd case because she refused is nonetheless filed, it would be in the nature of a suit for
    to join the other heirs as plaintiffs. quieting of title, an action that is imprescriptible.

    Alleging that the plaintiffs’ right of action for annulment of It follows then that the respondents’ present action should
    the Deed of Sale and TCT had long prescribed and was not be barred by laches. Laches is a doctrine in equity,
    barred by laches, petitioners filed a Motion to Dismiss, also which may be used only in the absence of, and never
    on the ground of litis pendentia. against, statutory law. Obviously, it cannot be set up to
    resist the enforcement of an imprescriptible legal right.[39]
    The RTC denied the Motion to Dismiss. They then filed a
    petition for certiorari with the Court of Appeals (CA) which
    dismissed the petition for lack of merit.

    Issue #1: Was there forum shopping


    Decision: No
    Ratio:
    Forum shopping exists when the elements of litis pendentia
    are present or when a final judgment in one case will
    amount to res judicata in the other. Its elements are identity
    of the subject matter, identity of the causes of action and
    identity of the parties in the two cases. There is substantial
    identity of parties when there is a community of interest
    between a party in the first case and a party in the second
    case.

    There is no forum shopping because there is no identity of


    parties because the plaintiff in the 1st case (Macaspac) does
    not, in fact, share a common interest with the plaintiffs in
    the 2nd case.

    Plaintiffs in both cases are the heirs of Lustre; they are


    therefore co-owners of the property. However, the fact of
    being a co-owner does not necessarily mean that a plaintiff
    is acting for the benefit of the co-ownership when he files an
    action respecting the co-owned property. Co-owners are not
    parties inter se in relation to the property owned in common.
    The test is whether the “additional” party, the co-owner in
    this case, acts in the same capacity or is in privity with the
    parties in the former action. [28]

    Macaspac filed the 1st case seeking the reconveyance of the


    property to her, and not to Lustre or her heirs. This is a clear
    act of repudiation of the co-ownership which would negate a
    conclusion that she acted in privity with the other heirs or
    that she filed the complaint in behalf of the co-ownership.
    In contrast, respondents were evidently acting for the benefit
    of the co-ownership when they filed the 2nd case wherein
    they prayed that TCT Lustre be reinstated, or a new

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