December 1933 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
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G.R. No. 37345 December 23, 1933 - ALEJANDRA REPOLLO, ET AL. v. BERNABE BALECHA
059 Phil 308:
059 Phil 308:
SECOND DIVISION
[G.R. No. 37345. December 23, 1933.]
ALEJANDRA REPOLLO ET AL., applicants-appellees, v. BERNABE BALECHA, Oppositor-Appellant.
[G.R. No. 37346. December 23, 1933.]
VICENTE PAGUYO, applicant-appellee, v. BERNABE BALECHA, Oppositor-Appellant.
[G.R. No. 37347. December 23, 1933.]
ESTEBAN PAGUYO, applicant-appellee, v. BERNABE BALECHA, Oppositor-Appellant.
[G.R. No. 37348. December 23, 1933.]
FELICIANO PAGUYO, applicant-appellee, v. BERNABE BALECHA, Oppositor-Appellant.
[G.R. No. 37349. December 23, 1933.]
PEDRO PAGUYO, applicant-appellee, v. BERNABE BALECHA, Oppositor-Appellant.
[G.R. No. 37350. December 23, 1933]
TIMOTEO PAGUYO, applicant-appellee, v. BERNABE BALECHA, Oppositor-Appellant.
[G.R. No. 37351. December 23, 1933.]
EDUARDO PAGUYO, applicant-appellee, v. BERNABE BALECHA, Oppositor-Appellant.
Mabanag, Primicias, Abad & Mencias for Appellant.
Turner, Rheberg & Sanchez for Appellees.
SYLLABUS
1. REGISTRATION OF LAND; "RES JUDICATA." — The judgment rendered in the case which was instituted prior to these seven registration cases, wherein the oppositor herein was the applicant and the applicants herein, the oppositors, does not constitute res judicata in the cases under consideration, on the ground that the question involved in the former and that in the latter are different in this sense: That in the former case the question raised was whether the oppositor herein had the right to register the land in question in his name and not whether it could be registered in the name of the herein applicants, inasmuch as the law in force did not permit any finding to the latter effect.
2. ID.; ID. — Neither would the judgment in the former case constitute res judicata, even if we were to consider the present oppositor now applicant for the second time under Act No. 3621, which permits the court to order registration in the name of the oppositor, on the ground that judgments rendered prior to the enactment of the above stated law did not have such character, in accordance with repeated decisions of this court.
2. ID.; ID. — Neither would the judgment in the former case constitute res judicata, even if we were to consider the present oppositor now applicant for the second time under Act No. 3621, which permits the court to order registration in the name of the oppositor, on the ground that judgments rendered prior to the enactment of the above stated law did not have such character, in accordance with repeated decisions of this court.
D E C I S I O N
AVANCEÑA, C.J. :
These seven cases were instituted for the registration of the parcels of land described therein. Bernabe Balecha filed his opposition thereto in each and every one of them. The judgment appealed from, which denied Balecha’s opposition, was in favor of the application filed in all of the seven cases in question.
Prior to the institution of these seven cases, Bernabe Balecha had already applied for the registration of the same parcels of land in his name. The herein applicants then filed oppositions thereto. In the former case the trial court denied the application and sustained the opposition, under the following findings of fact, to wit:jgc:chanrobles.com.ph
"After a careful examination of the evidence, both oral and documentary, adduced by the parties, the court is of the opinion, and so finds that the land subject of the registration application of the said Bernabe Balecha is not now, nor has it ever been at any time before, possessed or owned by the said applicant nor by his alleged predecessor in interest, Mariano Balecha, the same being actually occupied by the opponents surnamed Paguyo and Repollo and the successors in interest of some of the latter as the exclusive owners thereof, whose possession together with that of their predecessors in interest has always been open, public, adverse, continuous, uninterrupted and as owners for a period which dates back during the Spanish regime, not less than forty years to say the least."cralaw virtua1aw library
No appeal was taken from the aforesaid judgment.
It was agreed that the evidence presented in the former case, wherein Bernabe Balecha was the applicant and the herein applicants, the oppositors, be considered also as evidence in these seven cases which are now the subject matter of Bernabe Balecha’s appeal, as oppositor herein. Neither party has presented any other additional evidence.
The question is now raised whether the judgment rendered in the former case, wherein Balecha was the applicant and the herein applicants, the oppositors, constitutes res judicata in these seven cases wherein the therein oppositors are now the applicants and Balecha, the oppositor. Of course, it does not, on the ground that the question involved herein is different from the question involved in the other case: That in the case instituted by Balecha, the question was whether or not he had the right to register the property in his name. It was not a question of whether or not the land should be registered in the name of the oppositors because the law in force at the time of the institution of the former case did not allow any finding to the latter effect. The question involved in these seven cases is whether the land in question should be registered in the name of the applicants, who were the same oppositors in the former.
Neither would it constitute res judicata, even if we were to consider Balecha now as an applicant for the second time under Act No. 3621, which allows the court to order registration in the name of the oppositor, on the ground that judgments rendered prior to the enactment of the said law did not constitute res judicata, in accordance with repeated decisions of this court.
The fact that, although Act No. 3621 was not in force when Balecha instituted the former case, it went into effect at the time judgment was rendered therein, and does not affect the question at all inasmuch as the then oppositors did not invoke the benefits afforded by the said law and the court merely sustained their opposition without ordering the registration of the land in question in their name.
However, we are of the opinion that the evidence supports the judgment appealed from in these seven cases. In arriving at this conclusion, we have taken into consideration what has been said in the case of Cruz and Cruz v. Cruz (47 Phil., 10), to wit:jgc:chanrobles.com.ph
"LAND REGISTRATION; EVIDENCE; FINDINGS OF FACT IN FORMER DECISIONS. — Though former decisions in land registration cases denying the registration of the land may not constitute res adjudicata in the strict sense of the term, the findings of fact contained in such decisions are, nevertheless, generally entitled to some credit and may be taken into consideration in subsequent litigation over the same land between the same parties or their successors in interest."cralaw virtua1aw library
This doctrine has greater force in appeals of this nature wherein the only evidence is no more than what has been presented in the case formerly instituted by the Appellant.
Wherefore, the judgment appealed from in each and every one of these seven cases is hereby affirmed, with the costs against the appellant. So ordered.
Street, Vickers, Butte, and Diaz, JJ., concur.
Prior to the institution of these seven cases, Bernabe Balecha had already applied for the registration of the same parcels of land in his name. The herein applicants then filed oppositions thereto. In the former case the trial court denied the application and sustained the opposition, under the following findings of fact, to wit:jgc:chanrobles.com.ph
"After a careful examination of the evidence, both oral and documentary, adduced by the parties, the court is of the opinion, and so finds that the land subject of the registration application of the said Bernabe Balecha is not now, nor has it ever been at any time before, possessed or owned by the said applicant nor by his alleged predecessor in interest, Mariano Balecha, the same being actually occupied by the opponents surnamed Paguyo and Repollo and the successors in interest of some of the latter as the exclusive owners thereof, whose possession together with that of their predecessors in interest has always been open, public, adverse, continuous, uninterrupted and as owners for a period which dates back during the Spanish regime, not less than forty years to say the least."cralaw virtua1aw library
No appeal was taken from the aforesaid judgment.
It was agreed that the evidence presented in the former case, wherein Bernabe Balecha was the applicant and the herein applicants, the oppositors, be considered also as evidence in these seven cases which are now the subject matter of Bernabe Balecha’s appeal, as oppositor herein. Neither party has presented any other additional evidence.
The question is now raised whether the judgment rendered in the former case, wherein Balecha was the applicant and the herein applicants, the oppositors, constitutes res judicata in these seven cases wherein the therein oppositors are now the applicants and Balecha, the oppositor. Of course, it does not, on the ground that the question involved herein is different from the question involved in the other case: That in the case instituted by Balecha, the question was whether or not he had the right to register the property in his name. It was not a question of whether or not the land should be registered in the name of the oppositors because the law in force at the time of the institution of the former case did not allow any finding to the latter effect. The question involved in these seven cases is whether the land in question should be registered in the name of the applicants, who were the same oppositors in the former.
Neither would it constitute res judicata, even if we were to consider Balecha now as an applicant for the second time under Act No. 3621, which allows the court to order registration in the name of the oppositor, on the ground that judgments rendered prior to the enactment of the said law did not constitute res judicata, in accordance with repeated decisions of this court.
The fact that, although Act No. 3621 was not in force when Balecha instituted the former case, it went into effect at the time judgment was rendered therein, and does not affect the question at all inasmuch as the then oppositors did not invoke the benefits afforded by the said law and the court merely sustained their opposition without ordering the registration of the land in question in their name.
However, we are of the opinion that the evidence supports the judgment appealed from in these seven cases. In arriving at this conclusion, we have taken into consideration what has been said in the case of Cruz and Cruz v. Cruz (47 Phil., 10), to wit:jgc:chanrobles.com.ph
"LAND REGISTRATION; EVIDENCE; FINDINGS OF FACT IN FORMER DECISIONS. — Though former decisions in land registration cases denying the registration of the land may not constitute res adjudicata in the strict sense of the term, the findings of fact contained in such decisions are, nevertheless, generally entitled to some credit and may be taken into consideration in subsequent litigation over the same land between the same parties or their successors in interest."cralaw virtua1aw library
This doctrine has greater force in appeals of this nature wherein the only evidence is no more than what has been presented in the case formerly instituted by the Appellant.
Wherefore, the judgment appealed from in each and every one of these seven cases is hereby affirmed, with the costs against the appellant. So ordered.
Street, Vickers, Butte, and Diaz, JJ., concur.
