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Dumaguila VS. Monteiro (G.R. 201011)

The respondents filed a case claiming co-ownership of a property based on a deed of sale. The petitioners argued they solely owned the southern portion as heirs of Vitaliano, to whom the property was previously partitioned. The petitioners initially admitted the property was partitioned into northern and southern parts. While they later refuted this, the courts ruled the admission was binding as it was not shown to be a palpable mistake. The appellate court affirmed the ruling, finding the respondents presented sufficient evidence of their claim supported by the petitioners' admission of prior partition.

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81 views2 pages

Dumaguila VS. Monteiro (G.R. 201011)

The respondents filed a case claiming co-ownership of a property based on a deed of sale. The petitioners argued they solely owned the southern portion as heirs of Vitaliano, to whom the property was previously partitioned. The petitioners initially admitted the property was partitioned into northern and southern parts. While they later refuted this, the courts ruled the admission was binding as it was not shown to be a palpable mistake. The appellate court affirmed the ruling, finding the respondents presented sufficient evidence of their claim supported by the petitioners' admission of prior partition.

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Jose Cedro
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DUMAGUILA VS.

MONTEIRO

FACTS: On July 5, 1993, spouses Jose and Sonia Monteiro, along with three others, filed a
complaint for partition and damages before the RTC against the petitioners. The complaint
alleged that all the parties were co-owners of a residential house and lot located in Liliw, Laguna,
with an area of 489sqm. The respondents anchored their claim on a deed of sale in their favor
executed by Pedo Dumaguila. The petitioners argued that the property was not co-owned by the
parties; that it was previously owned by Maria Buenaseda and later partitioned the same between
Perfecto and Vitaliano Dumaguila, divided into the northern and southern parts; that they were
the heirs of Vitaliano. The complaint was later amended and the action was changed to recovery
of possession of a portion of the property.

The respondents adopted the admission of the petitioners that the property was previously
partitioned between Perfecto and Vitaliano. They further argued that their title came from a deed
of sale over 1/3 of the southern-half made by the heirs of Perfecto’s son to them. The petitioners
refute their earlier admission that the property was divided into northern and southern parts. The
RTC ruled in favor of the respondents, awarding them 1/3 of the southern part of the property. It
held that the manner of partition was admitted by the petitioners themselves.

On appeal, the CA affirmed the decision of the RTC. It found that the respondents presented
sufficient evidence to prove their claim; that the admission of the petitioners corroborated the
claim of partition. The petitioners argued that the admission was a mistake made by their former
counsel.

ISSUE: WON the admission made by the petitioners are binding on them?

RULING: YES. It is clear that the subject property was partitioned between Perfecto and
Vitaliano Dumaguila. It was also clearly established that the partition was specific, creating a
northern part and a southern part of the property. Based on the answer filed by the petitioners,
they admitted the same. As a rule, admissions made by a party in the course of the proceedings
require no further proof, and may be contradicted only by showing that it was made through
palpable mistake.

Thus, the decision of the Court of Appeals was af rmed.


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