Republic of the Philippines that Anatolio Buenconsejo's rights, As correctly held by the lower court, petitioner's
SUPREME COURT interests and participation over the portion claim is clearly untenable, for: (1) said special
Manila abovementioned were on January 3, 1961 power of attorney authorized him to act on behalf of
and by a Certificate of Sale executed by the children of Anatolio Buenconsejo, and, hence, it
EN BANC the Provincial Sheriff of Albay, could not have possibly vested in him any property
transferred and conveyed to Atty. Tecla right in his own name; (2) the children of Anatolio
G.R. No. L-20136 June 23, 1965 San Andres Ziga, awardee in the Buenconsejo had no authority to execute said power
corresponding auction sale conducted by of attorney, because their father is still alive and, in
said Sheriff in connection with the fact, he and his wife opposed the petition of Santos;
IN RE: PETITION FOR ISSUANCE OF
execution of the decision of the Juvenile (3) in consequence of said power of attorney (if
SEPARATE CERTIFICATE OF TITLE.
Delinquency and Domestic Relations valid) and redemption, Santos could have acquired
JOSE A. SANTOS Y Diaz, petitioner-appellant,
Court in Civil Case No. 25267, entitled no more than the share pro indiviso of Anatolio
vs.
"Yolanda Buenconsejo, et al. vs. Anatolio Buenconsejo in Lot No. 1917, so that petitioner
ANATOLIO BUENCONSEJO, ET
Buenconsejo"; that on December 26, 1961 cannot — without the conformity of the other co-
AL., respondents-appellees.
and by a certificate of redemption issued owners (Lorenzo and Santiago Bon), or a judicial
by the Provincial Sheriff of Albay, the decree of partition issued pursuant to the provisions
Segundo C. Mastrili for petitioner-appellant. rights, interest, claim and/or or of Rule 69 of the new Rules of Court (Rule 71 of
Manuel Calleja Rafael S. Lucila and Jose T. Rubio participation which Atty. Tecla San the old Rules of Court) which have not been
for respondents-appellees. Andres Ziga may have acquired over the followed By Santos — adjudicate to himself in fee
property in question by reason of the simple a determinate portion of said Lot No. 1917,
CONCEPCION, J.: aforementioned auction sale award, were as his share therein, to the exclusion of the other co-
transferred and conveyed to the herein owners.
Petitioner Jose A. Santos y Diaz seeks the reversal petitioner in his capacity as Attorney-in-
of an order of the Court of First Instance of Albay, fact of the children of Anatolio Inasmuch as the appeal is patently devoid of merit,
denying his petition, filed in Cadastral Case No. M- Buenconsejo, namely, Anastacio the order appealed from is hereby affirmed, with
2197, LRC Cad. Rec. No. 1035, for the cancellation Buenconsejo, Elena Buenconsejo and treble cost against petitioner-appellant Jose A.
of original certificate of title No. RO-3848 (25322), Azucena Buenconsejo (Exh. C). Santos y Diaz. It is so ordered.
issued in the name of Anatolio Buenconsejo,
Lorenzo Bon and Santiago Bon, and covering Lot It would appear, also, that petitioner Santos had Bengzon, C.J., Reyes, J.B.L., Dizon, Regala,
No. 1917 of the Cadastral Survey of Tabaco, Albay, redeemed the aforementioned share of Anatolio Makalintal, Bengzon, J.P., and Zaldivar, JJ.,
and the issuance in lieu thereof, of a separate Buenconsejo, upon the authority of a special power concur.
transfer certificate of title in his name, covering part of attorney executed in his favor by the children of Bautista Angelo, Barrera and Paredes, JJ., took no
of said Lot No. 1917, namely Lot No. 1917-A of Anatolio Buenconsejo; that relying upon this power part.
Subdivision Plan PSD-63379. of attorney and redemption made by him, Santos
now claims to have acquired the share of Anatolio
The main facts are not disputed. They are set forth Buenconsejo in the aforementioned Lot No. 1917;
in the order appealed from, from which we quote: that as the alleged present owner of said share,
Santos caused a subdivision plan of said Lot No.
It appears that the aforementioned Lot 1917 to be made, in which the portion he claims as
No. 1917 covered by Original Certificate his share thereof has been marked as Lot No. 1917-
of Title No. RO-3848 (25322) was A; and that he wants said subdivision at No. 1917-A
originally owned in common by Anatolio to be segregated from Lot No. 1917 and a certificate
Buenconsejo to the extent of ½ undivided of title issued in his name exclusively for said
portion and Lorenzo Bon and Santiago subdivision Lot No. 1917-A.
Bon to the extent of the other ½ (Exh. B);
