HELD: RTCs decision is reversed. SC declares the mortgage and sale valid.
RATIO:
The OCT does not establish the time of acquisition of land by the registered owner. Thus, proof of acquisition
during marriage is a condition for the operation of the presumption that land belongs to the conjugal partnership.
The Sorianos have not succeeded in proving that the land was acquired "during the marriage" of their parents
Francisco and Tomasa.
Had the property been acquired during marriage, it would have been registered, in the name of the spouses
Francisco and Tomasa and not "Francisco, married to Tomasa."
Difficult to believe that the Sorianos did not know of the mortgage constituted by their father Francisco on 1951.
Being aware of the mortgage since 1951, the Sorianos did not question its validity until 1957.
Worse still, after the foreclosure sale in favor of RFC, they tried to redeem the property for P14,000, and, when the
RFC did not agree, they even sought the help of the Office of the President.
Failure to contest the legality of the mortgage for over 5 years and the attempts to redeem the land, constitute
further indicia that the land belonged exclusively to Francisco, not to the conjugal partnership. The attempts to
redeem also constitute an implied admission of the validity of its sale and of the mortgage.
CASE LAW/ DOCTRINE:
DISSENTING/CONCURRING OPINION(S):