MAXIMA DY YUCO, PLAINTIFF AND APPELLEE, VS. JUAN GONZALES, DEFENDANT AND APPELLANT.

The plaintiff, Maxima Dy Yuco, claims the ownership and right of
possession of the two parcels described in the second paragraph of her
petition by virtue of a purchase from Andrea Gonzales in whose favor
original certificate of title No. 15990 was duly issued. The defendant
refused to surrender possession claiming to be the owner by virtue of a
deed of gift of the said Andrea Gonzales which antedated the Torrens
title in favor of Andrea.

It appears from the evidence that Juan Gonzales, as administrator
of the estate of Florencio Gonzales and Florencia Cruz, the parents of
Juan and Andrea Gonzales, on October 15, 1924, applied for a Torrens
title to said lands. On October 29, 1924, while this application was
pending, the heirs of the said deceased made a partition of the estate
and the two parcels in question were adjudicated to Andrea Gonzales.
About five months later, on March 13, 1925, she executed and delivered
a deed of gift of said lands to her brother, the said Juan Gonzales,
under certain conditions which made the same a donacion onerosa.
On December 29, 1926, Andrea revoked said donation and recorded the
said revocation on August 16, 1926. Juan Gonzales recorded his deed of
gift on July 7, 1927. About three years later, on November 18, 1929,
while the original land registration proceeding was still pending,
Andrea, assuming that the donation was at an end, presented an amended
application praying that the said two parcels of land should be
registered in her name. On November 29, 1929, after hearing the
evidence and without objection from Juan Gonzales or any request on his
part that his rights under said deed of donation should be noted, the
court decreed and registered the said parcels in the name of Andrea
Gonzales. No motion for reconsideration or revision of the said decree
was presented by Juan Gonzales within the period of one year in
accordance with section 38 of the Land Registration Act (Act No. 496).
On January 5, 1931, Andrea obtained the original certificate of title
No. 15990 free of any lien and without any notation of adverse claims.

On January 9, 1931, she sold the land to the plaintiff for P14,000
and the plaintiff obtained the proper certificate of transfer, No.
6222, Exhibit C. We have examined the evidence and conclude that it is
sufficiently established that Maxima Dy Yuca is an innocent purchaser
for value. Therefore, the allegations of Juan Gonzales that Andrea
Gonzales committed a fraud in obtaining the Torrens title thereby
defeating her deed of donation to him, even if proven, would not in any
event defeat the title of the plaintiff.

The defendant Juan Gonzales filed a counter-demand praying that the
transfer of Andrea Gonzales to the plaintiff be declared null and void
and that the defendants in the counter-demand, Andrea Gonzales and
Maxima Dy Yuco, be required “to respect the deed of gift” above
referred to. The decision upon the principal cause of action likewise
disposes of the relief sought for in the counter-demand. The trial
court reserved to Juan Gonzales the right to bring an action against
his sister Andrea Gonzales for damages for the alleged fraud committed
by her which resulted in the defeat of the deed of donation. This
reservation seems to us unnecessary and improper and should be
eliminated from the judgment.

The judgment of the court below is in all other respects affirmed with costs against the appellant.

Villa-Real, Abad Santos, Hull, and Diaz, JJ., concur.