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TEODORO ACAP v COURT OF Acap said that when Cosme died, he

APPEALS AND EDY DE LOS REYES continued to pay rentals to his widow. When
Pidos wife left for abroad, she instructed
FACTS: acap to stay in the landholding and pay the
Lot in Hinigaran, Negros Occidental accumulated rentals upon her demand or
registered under the name of spouses return from abroad. Acap further claimed
Santiago Vasquez and Lorenza Oruma. that he had no knowledge about any transfer
After both spouses died their only son of ownership of the lot to de los reyes.
Felixberto inherited the lot and sold it to RTC: ruled in favor of de los reyes. Stating
Cosme Pido that there was as a deed of sale that was
Teodoro Acap had been a tenant of a portion executed in favor of respondent de los reyes
of the land. When ownership was transfer CA: affirm RTC. According to respondent
from Felixberto to Cosme, Acap continued court, since the declaration of heirship and
to lease a portion of the land. After cosmes waiver of rights is duly notarized, no further
death acap still continued to pay rentals to proof of its due execution was necessary.
cosmes wife. The said document stands as prima facie
Cosme died intestate, his surviving heirs proof of de los reyes ownership of said land
executed a notarized document (Declaration ISSUE:
of Heirship and Waiver of Rights of the
Lot). The wife and his four children 1 WON declaration of heirship and waiver
executed the document. The document of rights is a mode of acquiring ownership
stated that they waived their rights to the (no)
parcel of land in favor of EDY DE LOS
REYES. 2 WON the document executed is a valid
sale (no)
De los reyes sought for acap to personally
inform him that he had become the new RULING
owner and they allegedly entered into an Ownership and real rights are acquired only
oral lease agreement. Wherein they agreed pursuant to a legal mode or process. While
upon that acap will pay 10 cavans of palay title is the juridical justification, mode is the
per annum as lease rental. In 1983, acap actual process of acquisition or transfer of
refused to pay the rentals. Acap claimed that ownership over a thing in question. Under
he does not recognize the ownership of de article 712 NCC the modes of acquiring
los reyes over the subject land. ownership are generally classified into two
After a lapse of four years de los reyes filed classes (original mode and derivative mode).
a complaint for recovery of possession and Difference between contract of sale and
damages against acap, alleging that Acap declaration of heirship and waiver of rights;
refused and failed to pay the agreed upon
rentals despite repeated demands.
In a contract of sale one of the contracting
parties obligates himself to transfer the
ownership of and to deliver a determinate
thing, and the other party to pay a price
certain in money or its equivalent. While on
the other hand, the declaration of heirship
and waiver of rights operates as a public
instrument when filed with the registry of
deeds whereby the intestate heirs adjudicate
and divide the estate left by the decedent
among them as they see fit. It is in effect an
extrajudicial settlement between the heirs
under rule 74 of the ROC.

Difference between a sale of hereditary


rights and a waiver of hereditary rights;

The first presumes the existence of a


contract or deed of sale between the parties.
The second is technically speaking a mode
of extinction of ownership where there is an
abdication or intentional relinquishment of a
known right with knowledge of its existence
and intention to relinquish it, in favor of
other persons who are co-heirs in the
succession. Private respondent de los reyes,
being then a stranger to the succession of
Cosme, cannot conclusively claim
ownership over the subject lot on the sole
basis of the waiver document which neither
recites the elements of either a sale or a
donation or any other derivative mode of
acquiring ownership.

No evidence whatsoever that a deed of sale


was executed between Cosmes heirs and
private respondent.

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