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the deed of sale of 1936 was procured by fraud and that the
Narcisos were buyers in bad faith. They asked for
reconveyance to them of the western portion of the land and
issuance of a Transfer Certificate of Title in their names as to
said portion.
In addition, the Mapalo spouses filed on December 16, 1957
their own complaint in the Court of First Instance of
Pangasinan (Civil Case No. U-133) against the aforestated
Narcisos and Maximo Mapalo. They asked that the deeds of
sale of 1936 and of 1951 over the land in question be declared
null and void as to the western half of said land.
Judge Amado Santiago of the Court of First Instance of
Pangasinan located in the municipality of Urdaneta tried the
two cases jointly. Said court rendered judgment on January 18,
1961, as follows:
WHEREFORE, judgment is hereby rendered as
follows, to wit:
(a) dismissing the complaint in Civil Case No. 11991;
(b) declaring Exhibit A, plaintiffs in Case No. 11991
and Exhibit 1, defendants in Case No. U-133 as a
donation only over the eastern half portion of the
above-described land, and as null and void with
respect to the western half portion thereof;
(c) declaring as null and void and without legal force
and effect Transfer Certificate of Title No. 12829
issued in favor of Maximo Mapalo as regards the
western half portion of the land covered therein;
(d) declaring as null and void Transfer Certificate of
Title No. 11350 in the names of the Narcisos insofar
as the western half portion of the land covered therein
is concerned;
(e) ordering the spouses Mapalo and Quiba and the
Narcisos to have the above-described land be
subdivided by a competent land surveyor and that the
expenses incident thereto be borne out by said
parties pro rata;
(f) ordering the Register of Deeds of Pangasinan to
issue in lieu of Transfer Certificate of Title No. 11350
two new titles upon completion of the subdivision
plan, one in favor of the spouses Miguel Mapalo and
Candida Quiba covering the western half portion and
another for the Narcisos covering the eastern half
portion of the said land, upon payment of the legal
fees; meanwhile the right of the spouses Mapalo and
Quiba is hereby ordered to be annotated on the back
of Transfer Certificate of Title No. 11350; and
(g) sentencing Maximo Mapalo and the Narcisos to
pay the costs.
IT IS SO ORDERED.