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Case Digest: Florentino vs. Encarnacion, Sr. | G.R. No. L-27696 | Sep 30, 1977

Florentino vs. Encarnacion, Sr.

G.R. No. L-27696 | Sep 30, 1977

GUERRERO, J



FACTS:

The case of Florentino v. Encarnacion, Sr. involves an application for the registration of a parcel of agricultural land located in Ilocos Sur. The applicants, Miguel Florentino, Rosario Encarnacion de Florentino, Manuel Arce, Jose Florentino, Victorino Florentino, Antonio Florentino, Remedios Encarnacion, and Severina Encarnacion, filed the application, claiming to be the common and pro-indiviso owners of the land. They alleged that they acquired the land through inheritance from their aunt, Doña Encarnacion Florentino and that there were no encumbrances on the land. The application was unopposed, except for the opposition of the Director of Lands, which was later withdrawn. The Court of First Instance of Ilocos Sur issued an order of general default and proceeded with the hearing.

ISSUE:

Whether or not the stipulation stipulation in the extrajudicial partition agreementis  revocable at the unilateral option of the co-owners?

RULING:


The Court held that the stipulation in Exhibit O-1 was not revocable at the unilateral option of the co-owners and that it was binding on all parties involved. The stipulation was considered a stipulation pour autrui, a stipulation in favor of a third person, in this case, the Church. The Court found that the intention of the parties was to confer a direct and material benefit upon the Church, as the fruits of the land had been used for religious expenses for almost seventeen years without question. The Court also noted that the Church had impliedly accepted the stipulation before it was sought to be revoked by some of the co-owners.

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Location: Philippines

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