Testimonial Evidence (Disqualification: Death or Insanity – Dead Man’s Statute)

BORDALBA vs. CA
G.R. No. 112443 January 25, 2002
Petitioner: Teresita Bordalba
Respondents: CA
Heirs of Nicanor Jayme (Candida Flores, Emmanuel Jayme, Dina Jayme Dejoras, Evelia
Jayme, Gesila Jayme)
Heirs of Asuncion Jayme-Baclay (Angelo Jayme-Baclay, Carmen Jayme-Daclan, Eleonora
Baclay

FACTS:
Lot No. 1242 located in Barrio Looc, Mandaue City is part of a parcel of land originally owned by the late
spouses Carmeno Jayme and Margarita Espina de Jayme. In 1947, an extra-judicial partition was
executed and disposing the same parcel of land as follows:

1. 1/3 in favor of (a) their grandchild Nicanor Jayme, the deceased spouse of respondent Candida
Flores and the father of respondents Emmanuel, Dina, Evelia and Geslia, all surnamed Jayme;
and (b) their grandchild Asuncion Jayme-Baclay, whose heirs are private respondents Angelo
Baclay, Eleonora Baclay and Carmen Jayme-Daclan;

2. 1/3 to their daughter Elena Jayme Vda. de Perez, mother of petitioner Teresita Bordalba; and

3. 1/3 to an unidentified party.

In July 1964, Elena Jayme filed with the RTC an amended application for the registration of the lot. Elena
alleged that the lot sought to be registered was originally part of a land owned by her late parents,
Carmeno and Margarita; and that 1/3 of said land was adjudicated to her in an extra-judicial partition.
She further stated that a portion of the lot for which title is applied for is occupied by Nicanor with her
permission.

Nicanor and Asuncion filed their opposition contending that said application included the 1/3 portion
inherited by them in the 1947 extra-judicial partition. The case was dismissed for lack of interest of the
parties. Subsequently, petitioner Bordalba filed with the Bureau of Lands an application for the issuance
of a Free Patent over the same lot and the same was granted.

Upon learning of the issuance in favor of petitioner of the aforesaid patent and original certificate of
title, private respondents filed a complaint against petitioner and spouses Genaro Cabahug, Rita Capala
(purchasers of portion of subject lot), and Rural Bank of Mandaue (mortgagee of portion of subject lot).

Bordalba averred that Lot 1242 was acquired by her through purchase from her mother who was in
possession of the lot in the concept of an owner since 1947.

The RTC, finding that fraud was employed by petitioner, declared the patent and title void and ordered
its cancellation. However, Sps. Genaro and Rita Cabahug as well as the Rural Bank of Mandaue were
declared purchasers and mortgagee in good faith, respectively; thus upheld as valid the sale. On appeal,
the CA affirmed the decision of the trial court.
Petitioner filed the instant petition for review, contending that the testimonies given by the witnesses
for private respondents which touched on matters occurring prior to the death of her mother should not
have been admitted by the trial court, as the same violated the dead man’s statute.

ISSUE:
Whether or not there was a violation of the dead man’s statute.

HELD:
No. The dead man’s statute does not operate to close the mouth of a witness as to any matter of fact
coming to his knowledge in any other way than through personal dealings with the deceased person, or
communication made by the deceased to the witness.

Since the claim of the private respondents and the testimony of their witnesses in the present case
based, inter alia, on the 1947 Deed of Extra-judicial Partition and other documents and not on dealings
and communications with the deceased, the questioned testimonies were properly admitted by the trial
court.

Likewise untenable is the claim of petitioner that private respondents are not legal heirs of Nicanor
Jayme and Asuncion Jayme-Baclay. Other than their bare allegations to dispute their heirship, no hard
evidence was presented by them to substantiate their allegations. Besides, in order that an heir may
assert his right to the property of a deceased, no previous judicial declaration of heirship is necessary.

The Decision of the CA was affirmed.