04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly The heirs of Ap-ap then executed, for a P500.00 consideration, a Deed of Quitclaim[9] on February 26, 1964 in favor of their brother Gilbert Semon (Margarita's father). Sometime between 1976 and 1978,[10] Gilbert Semon together with his wife Mary Lamsis, allowed his in-laws Manolo Lamsis and Nancy Lamsis-Kitma, to stay on a portion of Lot No. 1 together with their respective families.[11] They were allowed to erect their houses, introduce improvements, and plant trees thereon. When Manolo Lamsis and Nancy Lamsis-Kitma died sometime in the 1980s, their children, petitioners Delfin Lamsis (Delfin) and Agustin Kitma (Agustin), took possession of certain portions of Lot No. 1. Delfin possessed 4,000 square meters of Lot No. 1, while Agustin occupied 5,000 square meters thereof.[12] Nevertheless, the heirs of Gilbert Semon tolerated the acts of their first cousins. When Gilbert Semon died in 1983,[13] his children extrajudicially partitioned the property among themselves and allotted Lot No. 1 thereof in favor of Margarita.[14] Since then, Margarita allegedly paid the realty tax over Lot No. 1[15] and occupied and improved the property together with her husband; while at the same time, tolerating her first cousins' occupation of portions of the same lot. This state of affairs changed when petitioners Delfin and Agustin allegedly began expanding their occupation on the subject property and selling portions thereof.[16] Delfin allegedly sold a 400-square meter portion of Lot No. 1 to petitioner Maynard[17] Mondiguing (Maynard) while Agustin sold another portion to petitioner Jose Valdez (Jose).[18] With such developments, Margarita filed a complaint[19] for recovery of ownership, possession, reconveyance and damages against all four occupants of Lot No. 1 before the Regional Trial Court (RTC) of Baguio City. The case was docketed as Civil Case No. 4140-R and raffled to Branch 59. The complaint prayed for the annulment of the sales to Maynard and Jose and for petitioners to vacate the portions of the property which exceed the areas allowed to them by Margarita.[20] Margarita claimed that, as they are her first cousins, she is willing to donate to Delfin and Agustin a portion of Lot No. 1, provided that she retains the power to choose such portion.[21] Petitioners denied Margarita's claims of ownership and possession over Lot No. 1. According to Delfin and Agustin, Lot No. 1 is a public land claimed by the heirs of Joaquin Smith (not parties to the case).[22] The Smiths gave their permission for Delfin and Agustin's parents to occupy the land sometime in 1969 or 1970. They also presented their neighbors who testified that it was Delfin and Agustin as well as their respective parents who occupied Lot No. 1, not Margarita and her parents. Delfin and Agustin also assailed the muniments of ownership presented by Margarita as fabricated, unauthenticated, and invalid. It was pointed out that the Deed of Quitclaim, allegedly executed by all of Ap-ap's children, failed to include two - Rita Bocahan and Stewart Sito.[23] Margarita admitted during trial that Rita Bocahan and Stewart Sito were her uncle and aunt, but did not explain why they were excluded from the quitclaim. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/54595 2/17