12 - Yap v. Siao
12 - Yap v. Siao
12 - Yap v. Siao
DECISION
PEREZ, J : p
Before this court are two consolidated cases involving two petitions for
Review on Certiorari. These petitions assail the Decision 1 dated 9 October
2013 and Resolution 2 dated 26 March 2014 of the Court of Appeals in CA-
G.R. CV No. 02037.
Petitioners in G.R. No. 212493 are deceased Gabriel Yap, Sr.,
represented by his son and the President of Cebu South Memorial Garden,
Inc., Gilbert Yap; Gabriel Yap, Jr., in his capacity as Treasurer; and Hyman
Yap, as one of the directors, while petitioner in G.R. No. 212504 is Cebu
South Memorial Garden, Inc. Respondents in both cases are Letecia Siao and
her children, Lynel, Janelyn, Eleonor, Shellett and Honeylet.
These consolidated cases arose from a Complaint for Specific
Performance filed by petitioners Cebu South Memorial Gardens, Inc. and
Gabriel Yap, Sr., both represented by Gilbert Yap against respondents
Honeylet Siao and Letecia Siao on 27 April 1999. Gilbert Yap, in his own
behalf, Gabriel Yap, Jr. and Hyman Yap joined the plaintiffs in their
Supplemental Complaint. In their Second Amended Complaint, the
petitioners alleged that Gabriel Yap, Sr. and Letecia Siao entered into a
Certificate of Agreement where the parties agreed on the following terms:
1. To convert the parcels of land covered by TCT Nos. 66716, 66714
and 66713, registered in the names of Spouses Sergio and
Letecia Siao, into memorial lots;
2. To organize themselves into a corporation;
3. To transfer ownership of the parcels of land to Gabriel Yap who
will transfer ownership thereof to the corporation;
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4. To give advance payment to Letecia Siao in the amount of
P100,000.00 per month until Letecia Siao is financially stable to
support herself and her family. 3
As a backgrounder, respondent Letecia Siao's husband Sergio Siao was
indebted to petitioner Gabriel Yap, Sr. Petitioners claim that the titles to the
subject parcels of land were in the possession of Gabriel Yap, Sr. as
collateral for the loan. In consideration of condoning the loan, Gabriel Yap,
Sr. returned the titles to Letecia Siao on the condition that the parcels of
land covered by the titles would be developed into memorial lots. 4
Petitioners claimed that respondents refused to transfer the ownership
of the three parcels of land to Cebu South Memorial Garden, Inc., causing
them to be exposed to numerous lawsuits from the buyers of the burial plots.
Respondents argued that Letecia Siao was coerced to sign the
Certificate of Agreement, rendering it null and void. AIDSTE
SO ORDERED.
Velasco, Jr., Peralta and Reyes, JJ., concur.
Jardeleza, * J., is on wellness leave.
Footnotes
* On Wellness Leave.
1. Rollo (G.R. No. 212493), pp. 68-81; Penned by Associate Justice Maria Elisa
Sempio Diy with Associate Justices Edgardo Delos Santos and Pamela Ann
Abella Maxino concurring.
2. Id. at 111-121.
3. Rollo (G.R. No. 212504), p. 154.
4. Id. at 157.
5. Id. at 135-136.
6. Id. at 137-141.
7. Id. at 174-180.
8. Id. at 187-195.
9. Id. at 198-216.
10. Id. at 216.
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11. Rollo (G.R. No. 212493), pp. 49 and 58.
12. Rollo (G.R. No. 212504), pp. 41-43.
13. Rollo (G.R. No. 212493), pp. 50-55.
14. Rollo (G.R. No. 212504), pp. 41-43.
15. Rollo (G.R. No. 212493), pp. 210-232.
26. G.R. No. 192615, 30 January 2013, 689 SCRA 705, 712-713.
27. G.R. No. 204944-45, 3 December 2014.
28. S.C. Megaworld Construction and Development Corporation v. Parada, G.R. No.
183804, 11 September 2013, 705 SCRA 584, 596.
29. 446 Phil. 823, 826 (2003).
30. Apo Fruits Corporation v. Court of Appeals, 543 Phil. 497, 516-517 (2007).
33. Sy v. Young , G.R. No. 169214, 19 June 2013, 699 SCRA 8, 14.
34. Spouses Ong v. Roban Lending Corp. , 579 Phil. 769, 779 (2008).
35. Cotabato Timberland Co., Inc. v. C. Alcantara and Sons, Inc., 474 Phil. 259, 267
(2004) citing Evadel Realty and Development Corp. v. Spouses Soriano , 409
Phil. 450, 461 (2001).
36. Rollo (G.R. No. 212493), pp. 126-129.