THIRD DIVISION

[G.R. No. 68053. May 7, 1990.]

LAURA ALVAREZ, FLORA ALVAREZ and RAYMUNDO ALVAREZ ,

petitioners, vs. THE HONORABLE INTERMEDIATE APPELLATE COURT
and JESUS YANES, ESTELITA YANES, ANTONIO YANES, ROSARIO
YANES, and ILUMINADO YANES , respondents.

Francisco G. Banzon for petitioners.

Renecio R. Espiritu for private respondents.

DECISION

FERNAN , C.J : p

This is a petition for review on certiorari seeking the reversal of: (a) the
decision of the Fourth Civil Cases Division of the Intermediate Appellate Court
dated August 31, 1983 in AC-G.R. CV No. 56626 entitled "Jesus Yanes et al. v. Dr.
Rodolfo Siason et al." affirming the decision dated July 8, 1974 of the Court of
First Instance of Negros Occidental insofar as it ordered the petitioners to pay
jointly and severally the private respondents the sum of P20,000.00 representing
the actual value of Lots Nos. 773-A and 773-B of the cadastral survey of Murcia,
Negros Occidental and reversing the subject decision insofar as it awarded the
sums of P2,000.00, P5,000.00 and P2,000.00 as actual damages, moral damages
and attorney's fees, respectively and (b) the resolution of said appellate court
dated May 30, 1984, denying the motion for reconsideration of its decision. llcd

The real properties involved are two parcels of land identi ed as Lot 773-A
and Lot 773-B which were originally known as Lot 773 of the cadastral survey of
Murcia, Negros Occidental. Lot 773, with an area of 156,549 square meters, was
registered in the name of the heirs of Aniceto Yanes under Original Certi cate of
Title No. RO-4858 (8804) issued on October 9, 1917 by the Register of Deeds of
Occidental Negros (Exh. A).
Aniceto Yanes was survived by his children, Ru no, Felipe and Teodora.
Herein private respondents, Estelita, Iluminado and Jesus, are the children of
Ru no who died in 1962 while the other private respondents, Antonio and Rosario
Yanes, are children of Felipe. Teodora was survived by her child, Jovita (Jovito)
Alib. 1 It is not clear why the latter is not included as a party in this case.
Aniceto left his children Lots 773 and 823. Teodora cultivated only three
hectares of Lot 823 as she could not attend to the other portions of the two lots
which had a total area of around twenty-four hectares. The record does not show
whether the children of Felipe also cultivated some portions of the lots but it is
established that Ru no and his children left the province to settle in other places
as a result of the outbreak of World War II. According to Estelita, from the
"Japanese time up to peace time", they did not visit the parcels of land in question
but "after liberation", when her brother went there to get their share of the sugar
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 produced therein, he was informed that Fortunato Santiago, Fuentebella
(Puentevella) and Alvarez were in possession of Lot 773. 2
It is on record that on May 19, 1938, Fortunato D. Santiago was issued
Transfer Certi cate of Title No. RF 2694 (29797) covering Lot 773-A with an area
of 37,818 square meters. 3 TCT No. RF 2694 describes Lot 773-A as a portion of
Lot 773 of the cadastral survey of Murcia and as originally registered under OCT
No. 8804.
The bigger portion of Lot 773 with an area of 118,831 square meters was
also registered in the name of Fortunato D. Santiago on September 6, 1938 under
TCT No. RT-2695 (28192). 4 Said transfer certi cate of title also contains a
certi cation to the effect that Lot 773-B was originally registered under OCT No.
8804.
On May 30, 1955, Santiago sold Lots 773-A and 773-B to Monico B.
Fuentebella, Jr. in consideration of the sum of P7,000.00. 5 Consequently, on
February 20, 1956, TCT Nos. T-19291 and T-19292 were issued in Fuentebella's
name. 6
After Fuentebella's death and during the settlement of his estate, the
administratrix thereof (Arsenia R. Vda. de Fuentebella, his wife) led in Special
Proceedings No. 4373 in the Court of First Instance of Negros Occidental, a
motion requesting authority to sell Lots 773-A and 773-B 7 By virtue of a court
order granting said motion, 8 on March 24, 1958, Arsenia Vda. de Fuentebella sold
said lots for P6,000.00 to Rosendo Alvarez. 9 Hence, on April 1, 1958. TCT Nos. T-
23165 and T-23166 covering Lots 773-A and 773-B were respectively issued to
Rosendo Alvarez. 1 0
Two years later or on May 26, 1960, Teodora Yanes and the children of her
brother Ru no, namely, Estelita, Iluminado and Jesus, led in the Court of First
Instance of Negros Occidental a complaint against Fortunato Santiago, Arsenia
Vda. de Fuentebella, Alvarez and the Register of Deeds of Negros Occidental for
the "return" of the ownership and possession of Lots 773 and 823. They also
prayed that an accounting of the produce of the land from 1944 up to the ling of
the complaint be made by the defendants, that after court approval of said
accounting, the share or money equivalent due the plaintiffs be delivered to them,
and that defendants be ordered to pay plaintiffs P500.00 as damages in the form
of attorney's fees. 1 1
During the pendency in court of said case or on November 13, 1961, Alvarez
sold Lots 773-A, 773-B and another lot for P25,000.00 to Dr. Rodolfo Siason. 1 2
Accordingly, TCT Nos. 30919 and 30920 were issued to Siason, 1 3 who, thereafter,
declared the two lots in his name for assessment purposes. 1 4
Meanwhile, on November 6, 1962, Jesus Yanes, in his own behalf and in
behelf of the other plaintiffs, and assisted by their counsel, led a manifestation in
Civil Case No. 5022 stating that the therein plaintiffs "renounce, forfeit and
quitclaims (sic) any claim, monetary or otherwise, against the defendant Arsenia
Vda. de Fuentebella in connection with the above entitled case." 1 5
On October 11, 1963, a decision was rendered by the Court of First Instance
of Negros Occidental in Civil Case No. 5022, the dispositive portion of which
reads: cdll

WHEREFORE, judgment is rendered, ordering the defendant Rosendo

Alvarez to reconvey to the plaintiffs lots Nos. 773 and 823 of the Cadastral
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 Survey of Murcia, Negros Occidental, now covered by Transfer Certi cates
of Title Nos. T-23165 and T-23166 in the name of said defendant, and
thereafter to deliver the possession of said lots to the plaintiffs. No special
pronouncement as to costs.
SO ORDERED." 1 6
It will be noted that the above-mentioned manifestation of Jesus Yanes was
not mentioned in the aforesaid decision.
However, execution of said decision proved unsuccessful with respect to
Lot 773. In his return of service dated October 20, 1965, the sheriff stated that he
discovered that Lot 773 had been subdivided into Lots 773-A and 773-B; that they
were "in the name" of Rodolfo Siason who had purchased them from Alvarez, and
that Lot 773 could not be delivered to the plaintiffs as Siason was "not a party per
writ of execution." 1 7
The execution of the decision in Civil Case No. 5022 having met a hindrance,
herein private respondents (the Yaneses) led on July 31, 1965, in the Court of
First Instance of Negros Occidental a petition for the issuance of a new certi cate
of title and for a declaration of nullity of TCT Nos. T-23165 and T-23166 issued to
Rosendo Alvarez. 1 8 Thereafter, the court required Rodolfo Siason to produce the
certificates of title covering Lots 773 and 823.
Expectedly, Siason led a manifestation stating that he purchased Lots 773-
A, 773-B and 658, not Lots 773 and 823, "in good faith and for a valuable
consideration without any knowledge of any lien or encumbrances against said
propert(ies)"; that the decision in the cadastral proceeding 1 9 could not be
enforced against him as he was not a party thereto; and that the decision in Civil
Case No. 5022 could neither be enforced against him not only because he was not
a party-litigant therein but also because it had long become nal and executory. 2 0
Finding said manifestation to be well-founded, the cadastral court, in its order of
September 4, 1965, nulli ed its previous order requiring Siason to surrender the
certificates of title mentioned therein. 2 1
In 1968, the Yaneses led an ex-parte motion for the issuance of an alias
writ of execution in Civil Case No. 5022. Siason opposed it. 2 2 In its order of
September 28, 1968 in Civil Case No. 5022, the lower court, noting that the
Yaneses had instituted another action for the recovery of the land in question,
ruled that the judgment therein could not be enforced against Siason as he was
not a party in the case. 2 3
The action led by the Yaneses on February 21, 1968 was for recovery of
real property with damages. 2 4 Named defendants therein were Dr. Rodolfo
Siason, Laura Alvarez, Flora Alvarez, Raymundo Alvarez and the Register of Deeds
of Negros Occidental. The Yaneses prayed for the cancellation of TCT Nos. T-
19291 and 19292 issued to Siason (sic) for being null and void; the issuance of a
new certi cate of title in the name of the Yaneses "in accordance with the sheriff's
return of service dated October 20, 1965;" Siason's delivery of possession of Lot
773 to the Yaneses; and if, delivery thereof could not be effected, or, if the
issuance of a new title could not be made, that the Alvarezes and Siason jointly and
severally pay the Yaneses the sum of P45,000.00. They also prayed that Siason
render an accounting of the fruits of Lot 773 from November 13, 1961 until the
ling of the complaint; and that the defendants jointly and severally pay the
Yaneses moral damages of P20,000.00 and exemplary damages of P10,000.00
plus attorney's fees of P4,000.00. 2 5
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 In his answer to the complaint, Siason alleged that the validity of his titles to
Lots 773-A and 773-B, having been passed upon by the court in its order of
September 4, 1965, had become res judicata and the Yaneses were estopped
from questioning said order. 2 6 On their part, the Alvarezes stated in their answer
that the Yaneses' cause of action had been "barred by res judicata, statute of
limitation and estoppel." 2 7

In its decision of July 8, 1974, the lower court found that Rodolfo Siason,
who purchased the properties in question thru an agent as he was then in Mexico
pursuing further medical studies, was a buyer in good faith for a valuable
consideration. Although the Yaneses were negligent in their failure to place a
notice of lis pendens "before the Register of Deeds of Negros Occidental in order
to protect their rights over the property in question" in Civil Case No. 5022, equity
demanded that they recover the actual value of the land because the sale thereof
executed between Alvarez and Siason was without court approval. 2 8 The
dispositive portion of the decision states: LexLib

"IN VIEW OF THE FOREGOING CONSIDERATION, judgment is hereby

rendered in the following manner:
A. The case against the defendant Dr. Rodolfo Siason and the
Register of Deeds are (sic) hereby dismissed.
B. The defendants, Laura, Flora and Raymundo, all surnamed
Alvarez being the legitimate children of the deceased Rosendo Alvarez are
hereby ordered to pay jointly and severally the plaintiffs the sum of
P20,000.00 representing the actual value of Lots Nos. 773-A and 773-B of
Murcia Cadastre, Negros Occidental; the sum of P2,000.00 as actual
damages suffered by the plaintiffs; the sum of P5,000.00 representing moral
damages and the sum of P2,000 as attorney's fees, all with legal rate of
interest from date of the filing of this complaint up to final payment.
C. The cross-claim led by the defendant Dr. Rodolfo Siason
against the defendants, Laura, Flora and Raymundo, all surnamed Alvarez is
hereby dismissed.
D. Defendants, Laura, Flora and Raymundo, all surnamed
Alvarez, are hereby ordered to pay the costs of this suit.
SO ORDERED." 2 9
The Alvarezes appealed to the then Intermediate Appellate Court which, in
its decision of August 31, 1983, 3 0 af rmed the lower court's decision "insofar as
it ordered defendants-appellants to pay jointly and severally the plaintiffs-
appellees the sum of P20,000.00 representing the actual value of Lots Nos. 773-A
and 773-B of the cadastral survey of Murcia, Negros Occidental, and is reversed
insofar as it awarded the sums of P2,000.00, P5,000.00 and P2,000.00 as actual
damages, moral damages and attorney's fees, respectively." 3 1
The dispositive portion of said decision reads:
"WHEREFORE, the decision appealed from is af rmed insofar as it
ordered defendants-appellants to pay jointly and severally the plaintiffs-
appellees the sum of P20,000.00 representing the actual value of Lots Nos.
773-A and 773-B of the cadastral survey of Murcia, Negros Occidental, and
is reversed insofar as it awarded the sums of P2,000.00, P5,000.00 and
P2,000.00 as actual damages, moral damages and attorney's fees,
respectively. No costs.
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 SO ORDERED. 3 2
Finding no cogent reason to grant appellants' motion for reconsideration, said
appellate court denied the same.
Hence, the instant petition.
In their memorandum petitioners raised the following issues:
1. Whether or not the defense of prescription and estoppel had
been timely and properly invoked and raised by the petitioners in the lower
court.
2. Whether or not the cause and/or causes of action of the
private respondents, if ever there are any, as alleged in their complaint dated
February 21, 1968 which has been docketed in the trial court as Civil Case
No. 8474 supra, are forever barred by statute of limitation and/or
prescription of action and estoppel.
3. Whether or not the late Rosendo Alvarez, a defendant in Civil
Case No. 5022, supra, and father of the petitioners become a privy and/or
party to the waiver (Exhibit "4"-defendant Siason) in Civil Case No. 8474,
supra, where the private respondents had unquali edly and absolutely
waived, renounced and quitclaimed all their alleged rights and interests, if
ever there is any, on Lots Nos. 773-A and 773-B of Murcia Cadastre as
appearing in their written manifestation dated November 6, 1962 (Exhibits
"4"-Siason) which had not been controverted or even impliedly or indirectly
denied by them.
4. Whether or not the liability or liabilities of Rosendo Alvarez
arising from the sale of Lots Nos. 773-A and 773-B of Murcia Cadastre to Dr.
Rodolfo Siason, if ever there is any, could be legally passed or transmitted
by operations (sic) of law to the petitioners without violation of law and due
process." 3 3
The petition is devoid of merit. prcd

As correctly ruled by the Court of Appeals, it is powerless and for that

matter so is the Supreme Court, to review the decision in Civil Case No. 5022
ordering Alvarez to reconvey the lots in dispute to herein private respondents. Said
decision had long become nal and executory and with the possible exception of
Dr. Siason, who was not a party to said case, the decision in Civil Case No. 5022 is
the law of the case between the parties thereto. It ended when Alvarez or his heirs
failed to appeal the decision against them. 3 4
Thus, it is axiomatic that when a right or fact has been judicially tried and
determined by a court of competent jurisdiction, so long as it remains unreversed,
it should be conclusive upon the parties and those in privity with them in law or
estate. 3 5 As consistently ruled by this Court, every litigation must come to an end.
Access to the court is guaranteed. But there must be a limit to it. Once a litigant's
right has been adjudicated in a valid nal judgment of a competent court, he
should not be granted an unbridled license to return for another try. The prevailing
party should not be harassed by subsequent suits. For, if endless litigation were to
be allowed, unscrupulous litigations will multiply in number to the detriment of the
administration of justice. 3 6
There is no dispute that the rights of the Yaneses to the properties in
question have been nally adjudicated in Civil Case No. 5022. As found by the
lower court, from the uncontroverted evidence presented, the Yaneses have been
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 illegally deprived of ownership and possession of the lots in question. 3 7 In fact,
Civil Case No. 8474 now under review, arose from the failure to execute Civil Case
No. 5022, as subject lots can no longer be reconveyed to private respondents
Yaneses, the same having been sold during the pendency of the case by the
petitioners' father to Dr. Siason who did not know about the controversy, there
being no lis pendens annotated on the titles. Hence, it was also settled beyond
question that Dr. Siason is a purchaser-in-good faith.
Under the circumstances, the trial court did not annul the sale executed by
Alvarez in favor of Dr. Siason on November 11, 1961 but in fact sustained it. The
trial court ordered the heirs of Rosendo Alvarez who lost in Civil Case No. 5022 to
pay the plaintiffs (private respondents herein) the amount of P20,000.00
representing the actual value of the subdivided lots in dispute. It did not order
defendant Siason to pay said amount. 3 8
As to the propriety of the present case, it has long been established that the
sole remedy of the landowner whose property has been wrongfully or erroneously
registered in another's name is to bring an ordinary action in the ordinary court of
justice for reconveyance or, if the property has passed into the hands of an
innocent purchaser for value, for damages. 3 9 "It is one thing to protect an
innocent third party; it is entirely a different matter and one devoid of justi cation
if deceit would be rewarded by allowing the perpetrator to enjoy the fruits of his
nefarious deed. As clearly revealed by the undeviating line of decisions coming
from this Court, such an undesirable eventuality is precisely sought to be guarded
against." 4 0
The issue on the right to the properties in litigation having been nally
adjudicated in Civil Case No. 5022 in favor of private respondents, it cannot now
be reopened in the instant case on the pretext that the defenses of prescription
and estoppel have not been properly considered by the lower court. Petitioners
could have appealed in the former case but they did not. They have therefore
foreclosed their rights, if any, and they cannot now be heard to complain in another
case in order to defeat the enforcement of a judgment which has long become
final and executory.
Petitioners further contend that the liability arising from the sale of Lots No.
773-A and 773-B made by Rosendo Alvarez to Dr. Rodolfo Siason should be the
sole liability of the late Rosendo Alvarez or of his estate, after his death. llcd

Such contention is untenable for it overlooks the doctrine obtaining in this

jurisdiction on the general transmissibility of the rights and obligations of the
deceased to his legitimate children and heirs. Thus, the pertinent provisions of the
Civil Code state:
"Art. 774. Succession is a mode of acquisition by virtue of which
the property, rights and obligations to the extent of the value of the
inheritance, of a person are transmitted through his death to another or
others either by his will or by operation of law.
"Art. 776. The inheritance includes all the property, rights and
obligations of a person which are not extinguished by his death.
"Art. 1311. Contracts take effect only between the parties, their
assigns and heirs, except in case where the rights and obligations arising
from the contract are not transmissible by their nature, or by stipulation or by
provision of law. The heir is not liable beyond the value of the property
received from the decedent."
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 As explained by this Court through Associate Justice J.B.L. Reyes in the
case of Estate of Hemady vs. Luzon Surety Co., Inc. 4 1
"The binding effect of contracts upon the heirs of the deceased party
is not altered by the provision of our Rules of Court that money debts of a
deceased must be liquidated and paid from his estate before the residue is
distributed among said heirs (Rule 89). The reason is that whatever payment
is thus made from the state is ultimately a payment by the heirs or
distributees, since the amount of the paid claim in fact diminishes or
reduces the shares that the heirs would have been entitled to receive.

"Under our law, therefore, the general rule is that a party's contractual
rights and obligations are transmissible to the successors. The rule is a
consequence of the progressive 'depersonalization' of patrimonial rights and
duties that, as observed by Victorio Polacco, has characterized the history of
these institutions. From the Roman concept of a relation from person to
person, the obligation has evolved into a relation from patrimony to
patrimony, with the persons occupying only a representative position,
barring those rare cases where the obligation is strictly personal, i.e., is
contracted intuitu personae, in consideration of its performance by a
specific person and by no other. . . ."
Petitioners being the heirs of the late Rosendo Alvarez, they cannot escape
the legal consequences of their father's transaction, which gave rise to the present
claim for damages. That petitioners did not inherit the property involved herein is
of no moment because by legal ction, the monetary equivalent thereof devolved
into the mass of their father's hereditary estate, and we have ruled that the
hereditary assets are always liable in their totality for the payment of the debts of
the estate. 4 2
It must, however, be made clear that petitioners are liable only to the extent
of the value of their inheritance. With this clari cation and considering petitioners'
admission that there are other properties left by the deceased which are suf cient
to cover the amount adjudged in favor of private respondents, we see no cogent
reason to disturb the findings and conclusions of the Court of Appeals. LibLex

WHEREFORE, subject to the clari cation herein above stated, the assailed
decision of the Court of Appeals is hereby AFFIRMED. Costs against petitioners.
SO ORDERED.
Gutierrez, Jr., Feliciano and Cortes, JJ., concur.
Bidin, J., took no part.
Footnotes

1. TSN, October 17, 1973, pp. 4-5.

2. TSN, December 11, 1973, pp. 11 & 55.

3. Exhibits 26 and 28.
4. Exhibit 27.
5. Exhibit B-Alvarez.
6. Exhibits 23 and 24-Siason.

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 7. Exhibits 1-Alvarez: Exh. 17-Siason.
8. Exh. 2-Alvarez.

9. Exh. 3-Alvarez.
10. Exh. 2-Siason.
11. Civil Case No. 5022; Exhibit B.
12. Exhibit F.
13. Exhibits 12 and 13.

14. Exhibits 10, 11, 14 and 15.

15. Exhibit 4-Alvarez.
16. Record on Appeal, p. 25.
17. Exhibit E.

18. Cad. Case No. 6; Exhibit 3.

19. Cad. Case No. 6.
20. Exhibit 5.
21. Exhibit 6.
22. Exhibit 78.

23. Exhibit 9.
24. Civil Case No. 8474.
25. Record on Appeal, pp. 8-9.
26. Record on Appeal, p. 36.
27. Ibid., p. 63.
28. Ibid., pp. 95-99.
29. Record on Appeal, pp. 100-101.
30. Por rio V. Sison Jr. J., ponente Abdulwahid A. Bidin, Marcelino R. Veloso and
Desiderio P. Jurado , JJ. concurring.
31. Rollo, p. 32.
32. Rollo, p. 32.
33. Rollo, p. 119.

34. Rollo, p. 27.

35. Miranda v. C.A., 141 SCRA 302 [1986].
36. Ngo Bun Tiong v. Judge Sayo, G.R. No. 45825, June 30, 1988.
37. Record on Appeal, pp. 24-25.

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 38. Rollo, p. 27.
39. Quiniano et al. v. C.A., 39 SCRA 221 [1971].
40. Ibid.
41. 100 Phil. 388.
42. Lopez vs. Enriquez, 16 Phil. 336 (1910).

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