View full case

ABIGAIL L. MENDIOLA v. VENERANDO P. SANGALANG

FACTS:

The subject property, located in Quezon City, consisted of a residential house and a commercial building. It was originally registered in the name of Honorata G. Sangalang. Honorata, who had two siblings named Sinforosa and Angel, died intestate without any issue. Prior to her death, petitioner Abigail Mendiola and Vilma Aquino's son were occupying and using the residential house, with each party using one-half. The commercial building was being leased to third parties.

After Honorata's death, it was discovered that the property had been transferred to petitioner Abigail Mendiola and Vilma by virtue of a Deed of Sale supposedly executed by Honorata on January 29, 1996. Respondent Venerando Sangalang, as well as his siblings, claimed that they are co-owners of the property as heirs of Honorata, disputing the validity of the Deed of Sale.

Respondent allegedly took forceful possession of the residential house and refused to vacate despite demands from petitioner and Vilma. As a result, petitioner and Vilma filed a complaint for accion publiciana against respondent, seeking the return of the residential unit and payment of reasonable rental.

However, the trial court dismissed the complaint, ruling that all the parties, including petitioner and respondent, were heirs of Honorata and had an equal right to the property. The court also considered the pending criminal complaint for falsification filed by respondent as a prejudicial question. The Court of Appeals upheld the dismissal of the complaint.

ISSUES:

  1. Whether the trial court erred in converting the complaint from accion publiciana to accion reivindicatoria.

  2. Whether the trial court erred in dismissing the complaint for failure to prove better right of possession.

RULING:

  1. The conversion of the complaint from accion publiciana to accion reivindicatoria was erroneous. (Not specified why)

  2. The trial court did not err in dismissing the complaint for failure to prove better right of possession. (Not specified why)

PRINCIPLES:

  • The burden of proof in an accion publiciana case rests on the plaintiff to establish the better right of possession.