LUIS HAGOSOJOS, PETITIONER, VS. HON. COURT OF APPEALS, AND ARACELI H. VDA. DE HAGOSOJOS, FRED HAGOSOJOS, HEIDI HAGOSOJOS, HENRY HAGOSOJOS, ARACELI HAGOSOJOS-ALINDOGAN, ASSISTED …

This petition for review on certiorari seeks the reversal
and setting aside of the decision^[1]
of the Court of Appeals in CA-G.R. No. 63307-R, entitled “Luis Hagosojos vs. Araceli Vda. de Hagosojos,
et al.,” which set aside the decision dated December 5, 1975, and the order dated July 12, 1976 of the then Court of
First Instance of Sorsogon in Civil Case No. 363^[2]
approving the Compromise Agreement entered into by the parties.

The facts that gave rise
to the present controversy are as
follows:

Anastacio Hagosojos
contracted two marriages during his lifetime. 
His first marriage on February
14, 1920 with Jacinta Jaucian (according
to the Petition, while the Compromise
Agreement copied in the Decision and quoted in the Record On
Appeal states the surname of Jacinta as “Guardian”) produced three offsprings, namely: 
the petitioner, Luis Hagosojos, and the two
other private respondents, Araceli Hagosojos-Alindogan and Lourdes Hagosojos-Nicolas.  More than five years after the demise of
Jacinta Jaucian on April 4, 1959, but without the conjugal partnership assets
of the first marriage having been partitioned and distributed, he got married a
second time on December 21, 1965, to Araceli Hian.  Out of the
second marriage were born the other private respondents, Fred, Heidi, and
Henry, all surnamed Hagosojos.  On January 22, 1973, Anastacio donated
to Henry, who was then only seven years young, Lot No. 2736, containing an area
of 15,529 square meters, a portion of the property covered by Original
Certificate of Title No. P-740, which was part of the
conjugal partnership assets of the first marriage.  The donation was accepted on behalf of Henry by his mother, Araceli.  There is nothing in the records
of this case as to whether or not the deed of donation was registered.

On May 29, 1974,
to compel the partition and distribution of the conjugal partnership assets of
the first marriage, the petitioner, together with his two sisters, private
respondents Araceli Hagosojos-Alindogan
and Lourdes Hagosojos-Nicolas, filed the
corresponding complaint against their father, Anastacio.  While the case was still pending however, Anastacio died on August
21, 1974, which compelled Luis to file an amended complaint
substituting as defendant Araceli Vda.
de Hagosojos in her personal
capacity and as guardian of the minors Fred, Heidi, and Henry Hagosojos.  For one
reason or another, Araceli Hagosojos-Alindogan
and Lourdes Hagosojos-Nicolas surprisingly refused to
side with their brother of full blood, petitioner Luis Hagosojos,
in the amended complaint, and were thus impleaded as
defendants.

The parties tried to settle their conflict amicably during the
course of the proceedings in the trial court. 
As a result, Araceli Vda. de Hagosojos,
assisted by her counsel, drew up a compromise agreement which she presented to
the petitioner for approval.  When Luis
agreed, he and his stepmother, Araceli,
together with their lawyers, signed the
Compromise Agreement.  On December
4, 1975, they submitted
the same to the trial court for approval. 
Accordingly, the trial court, on December
5, 1975, rendered a
decision providing inter <span cl