Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1982 > December 1982 Decisions > G.R. No. L-34669 December 15, 1982 - CITIZENS’ SURETY AND INSURANCE CO., INC. v. RICARDO C. PUNO, ET AL.

204 Phil. 559:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-34669. December 15, 1982.]

CITIZENS’ SURETY AND INSURANCE CO., INC., Petitioner, v. THE HON. JUDGE RICARDO C. PUNO, THE REGISTER OF DEEDS OF THE CITY OF MANILA AND THE CITY OF MANILA, Respondents.

Dayog, Gloria, Jr. and Erasmo for Petitioner.

City Legal Officer for Respondents.

SYNOPSIS


Maria Barcelon owned a piece of land measuring 108 square meters located in Barrio Obrero. Tondo. Manila. It appears that Barrio Obrero was acquired by the City of Manila pursuant to its Charter and that it was subdivided into lots of 108 sq. m. each for residential houses. Barcelon then mortgaged the land to Citizens’ Surety and Insurance Co., Inc., to secure a loan. The mortgage was foreclosed extra-judicially when the loan was not paid. After the expiration of the period of redemption. the purchaser sought to consolidate its ownership but the Register of Deeds of Manila refused to register the consolidation. The Corporation then instituted a civil case against the Register of Deeds of Manila and the City of Manila praying that Resolution No. 542 be declared null and void and that the Register of Deeds be ordered to register the consolidation of title. Judge Puno dismissed the case disregarding petitioner’s claim that Resolution No. 542 is unconstitutional because it is unreasonable and violates the equal protection clause of the Constitution.

The Supreme Court ruled that the petitioner, which is a corporation and not a lowly paid worker, is not competent to raise this claim. Even if the claim is sustained, no benefit can accrue to the petitioner who will nonetheless be disqualified to acquire the lot. Also, in the absence of manifest abuse of power, the Supreme Court is not prepared to substitute its judgment for that of the City of Manila. There is, therefore. no denial of the equal protection of law.

Petition dismissed.


SYLLABUS


1. CONSTITUTIONAL LAW; BILL OF RIGHTS; EQUAL PROTECTION OF LAWS; PETITIONER NOT COMPETENT TO RAISE CLAIM OF DENIAL THEREOF. — The petitioner claims that the resolution is unreasonable because it bars a non-laborer to buy a lot in Barrio Obrero even if he does not earn more than P180.00 a month or P6.00 a day. The petitioner, which is a corporation and not a lowly paid worker, is not competent to raise this claim. For even if We sustain it no benefit can accrue to the petitioner who will nonetheless be disqualified to acquire the lot.

2. ID.; ID.; ID.; NO DENIAL THEREOF IN THE ABSENCE OF MANIFEST ABUSE OF POWER. — In the absence of manifest abuse of power. We are not prepared to substitute. Our judgment for that of the City of Manila which is tasked by its Charter "to acquire private lands in the city and to subdivide the same into home lots for sale on easy terms to residents, giving first priority to the bona-fide tenants or occupants of said lands, and second priority to laborers and low-salaried employees." (Sec. 100, Rep. Act No. 409, as amended.)

3. STATUTORY CONSTRUCTION; INTERPRETATION OF LAWS; NO DISTINCTION BETWEEN VOLUNTARY AND FORCED SALES. — The resolution does not distinguish between voluntary and forced sales. When the law does not distinguish we should not distinguish.


D E C I S I O N


ABAD SANTOS, J.:


This is an appeal by certiorari where it is "prayed that judgment be rendered declaring the aforesaid Resolution No. 542, Series of 1956, of the City of Manila null and void and ordering the Register of Deeds of the City of Manila to register the petitioner’s affidavit of consolidation and to issue to the latter a new transfer certificate of title." (Rollo, pp. 11-12.)

Maria Barcelon owned a piece of land measuring 108 square meters located in Barrio Obrero, Tondo, Manila. It was covered by TCT No. 79798.

It appears that Barrio Obrero was acquired by the City of Manila pursuant to its Charter; it was subdivided into lots of 108 sq. m. each for residential houses; and the sale of the lots was regulated by Resolution No. 168, series of 1922, which was amended several times, the last by Resolution No. 542, series of 1956. Paragraph 4 of Resolution No. 542 stipulates that:jgc:chanrobles.com.ph

"4. Only Filipino laborers who are bona fide residents in Manila whose wages do not exceed P180.00 per month, or P6.00 per day, according as they receive monthly or daily compensation shall have the privilege of buying lots in the Barrio." (Rollo, p. 18.)

On October 10, 1966, Maria Barcelon mortgaged the land to Citizens’ Surety and Insurance Co., Inc. to secure a loan. The mortgage was foreclosed extra-judicially when the loan was not paid. The purchaser was the lender. After the expiration of the period of redemption, the purchaser sought to consolidate its ownership but the register of Deeds of Manila refused to register the consolidation. On April 6, 1971, the corporation instituted Civil Case No. 82820 in the Court of First Instance of Manila against the Register of Deeds of Manila and the City of Manila. It prayed that Resolution No. 542 be declared null and void and that the Register of Deeds be ordered to register the consolidation of title.

Judge Ricardo C. Puno dismissed the case. In this appeal, the petitioner insists, as it did in the court below, that Resolution No. 542 is unconstitutional and that it is not applicable to forced sales.

The petition is devoid of merit and should be dismissed.

Put simply, the petitioner claims that Resolution No. 542 is unconstitutional because it is unreasonable and violates the equal protection clause of the Constitution. It argues as follows:jgc:chanrobles.com.ph

"As may be seen from Sec. 4 of Res. No. 542, only laborers earning not more than P180.00 a month, or P5.00 a day are qualified to buy Lands in Barrio Obrero, Tondo, Manila. Employees working in offices or establishments and earning as much but who are not laborers cannot buy lands in that area. Also persons who are engaged in some calling or occupation earning as much are not also qualified. It should not be overlooked that the intention of the pertinent provisions of the Charter of the City of Manila contained in Sections 97, 98 and 100 of said Charter is to help the poor people of Manila to acquire residential lands on easy terms.

x       x       x


"Res. No. 542 includes laborers but does not include low-salaried employees. Laborers are not the only poor people in the City of Manila. There are also others who are the low-salaried employees and those engaged in some calling or occupation where their income is limited. Are these people to be considered more fortunate and, therefore, should have less in law?

"The classification resorted to in Sec. 4 of the aforesaid Resolution does not come within the meaning of the principle of equal protection of the laws. A classification to come within such principle must fulfill the following requisites: the classification must not be capricious or arbitrary, but must be natural and reasonable. And to be reasonable (1) it must rest on substantial distinction; (2) it must be germane to the purpose of the law; (3) it must not be limited to existing conditions only; and (4) must apply equally to all members of the same class. (Political Law Reviewer, Aruego & Laguio, 1954 Ed., p. 764, citing the cases of PPI v. Cayat, 38 O.G. March 9, 1940; Ruby v. Provincial Board of Mindoro, 39 Phil. 660; People & Hongkong & Shanghai Banking Corp. v. Vera & Co-Unjieng, 37 O.G. 187.)

"An analysis of the provision of Sec. 4 of Resolution No. 542 will show that the classification made thereby does not fulfill the above mentioned requisites. The classification of laborer does not have a substantial distinction from low-salaried employees or persons engaged in some calling with a limited income, because all of them are under like circumstances in their lives, in their liberty, in their property, and in the pursuit of happiness." (Brief, pp. 12-14.)

The lot in question is situated in Barrio Obrero. "Obrero" means laborer or manual worker. There is, therefore, a justifiable and reasonable basis to limit the sale of the lots in the barrio to obreros only — they are birds of the same feather.

The petitioner also claims that the resolution is unreasonable because it bars a non-laborer to buy a lot in Barrio Obrero even if he does not earn more than P180.00 a month or P6.00 a day. The petitioner, which is a corporation and not a lowly paid worker, is not competent to raise this claim. For even if We sustain it no benefit can accrue to the petitioner who will nonetheless be disqualified to acquire the lot. Moreover, in the absence of manifest abuse of power, We are not prepared to substitute Our judgment for that of the City of Manila which is tasked by its Charter "to acquire private lands in the city and to subdivide the same into home lots for sale on easy terms to residents, giving first priority to the bona-fide tenants or occupants of said lands, and second priority to laborers and low-salaried employees." (Sec. 100, R.A. No. 409, as amended.) Obviously, the questioned resolution merely seeks to implement the Charter provision.

Anent the claim that the questioned resolution does not apply to force sales, Judge Puno said it all as follows:jgc:chanrobles.com.ph

"There is no merit in the pretension that the questioned resolution does not apply to forced sales. It is implemented in sales upon foreclosure or on execution by limiting bids to those persons legally qualified to purchase. The legal intent and purpose of the resolution would be rendered utterly nugatory if the same be restricted in its application to voluntary sales." (Rollo, pp. 21-22.)

Also, the resolution does not distinguish between voluntary and forced sales. It is hornbook law impounded by Professor Gerardo Florendo when he taught in the College of Law, University of the Philippines, that when the law does not distinguish we should not distinguish.

WHEREFORE, the petition is dismissed without any special pronouncement as to costs.

SO ORDERED.

Fernando, C.J., Teehankee, Makasiar, Aquino, Guerrero, Plana, Escolin, Relova and Gutierrez, JJ., concur.

Concepcion, Jr., J., is on leave.

De Castro, Melencio-Herrera and Vasquez, JJ., concur in the result.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






December-1982 Jurisprudence                 

  • G.R. Nos. L-27976 & L-27977 December 7, 1982 - PEOPLE OF THE PHIL. v. ANSELMA AVENGOZA, ET AL.

    204 Phil. 388

  • G.R. No. L-32782 December 7, 1982 - FLORENCIO MONREAL v. COURT OF APPEALS, ET AL.

    204 Phil. 395

  • G.R. No. L-58509 December 7, 1982 - IN RE: MARCELA RODELAS v. AMPARO ARANZA, ET AL.

    204 Phil. 402

  • G.R. No. L-33006 December 8, 1982 - NICANOR NACAR v. CLAUDIO A. NISTAL

    204 Phil. 407

  • G.R. No. L-42626 December 8, 1982 - ANITA G. TORRES, ET AL. v. NORA S. YU, ET AL.

    204 Phil. 418

  • G.R. No. L-59480 December 8, 1982 - U. BAÑEZ ELECTRIC LIGHT COMPANY v. ABRA ELECTRIC COOPERATIVE, INC., ET AL.

    204 Phil. 440

  • G.R. No. L-61468 December 8, 1982 - LORD M. MARAPAO v. RAFAEL T. MENDOZA

    204 Phil. 448

  • G.R. No. L-29469 December 9, 1982 - PATRICIO PEBEAUCO v. DIRECTOR OF LANDS, ET AL.

    204 Phil. 452

  • G.R. No. L-30684 December 9, 1982 - YELLOW BALL FREIGHT LINES, INC. v. BELFAST SURETY & INSURANCE COMPANY, INC.

    204 Phil. 456

  • Adm. Case No. L-2018 December 10, 1982 - UY CHUNG SENG, ET AL. v. JOSE C. MAGAT

    204 Phil. 461

  • G.R. No. L-34223 December 10, 1982 - HONORIO LOPEZ, ET AL. v. PHILIPPINE NATIONAL BANK, ET AL.

    204 Phil. 474

  • G.R. No. L-60946 December 10, 1982 - PEOPLE OF THE PHIL. v. GENEROSO QUINLOB, ET AL.

    204 Phil. 480

  • G.R. No. L-28446 December 13, 1982 - FRANCISCA H. RAFOLS, ET AL. v. MARCELO A. BARBA

    204 Phil. 494

  • G.R. No. L-30278 December 14, 1982 - JOSE MANAPAT v. WORKMEN’S COMPENSATION COMMISSION, ET AL.

    204 Phil. 504

  • G.R. No. L-51635 December 14, 1982 - PEOPLE OF THE PHIL. v. COURT OF APPEALS, ET AL.

    204 Phil. 511

  • Adm. Matter No. 2510-MJ December 15, 1982 - CONRADO F. SANTOS, ET AL. v. CONRADO DE GRACIA

    204 Phil. 531

  • G.R. No. L-27675 December 15, 1982 - ZOILA DUMANON, ET AL. v. BUTUAN CITY RURAL BANK, ET AL.

    204 Phil. 536

  • G.R. No. L-32461 December 15, 1982 - PEOPLE OF THE PHIL. v. FELICIANO ALFARO, ET AL.

    204 Phil. 546

  • G.R. No. L-34669 December 15, 1982 - CITIZENS’ SURETY AND INSURANCE CO., INC. v. RICARDO C. PUNO, ET AL.

    204 Phil. 559

  • G.R. No. L-35489 December 15, 1982 - QUIRICO CONCEPCION v. PRESIDING JUDGE, CFI OF BULACAN

    204 Phil. 564

  • G.R. No. L-38786 December 15, 1982 - PEOPLE OF THE PHIL. v. WELMO ROMERO

    204 Phil. 577

  • G.R. No. L-40242 December 15, 1982 - DOMINGA CONDE v. COURT OF APPEALS, ET AL.

    204 Phil. 589

  • G.R. No. L-41263 December 15, 1982 - PEOPLE OF THE PHIL. v. CAYETANO RODRIGUEZ

    204 Phil. 598

  • G.R. No. L-42366 December 15, 1982 - PAULINA MARGATE, ET AL. v. COURT OF APPEALS, ET AL.

    204 Phil. 604

  • G.R. No. L-44377 December 15, 1982 - LEONOR VILLAMIN, ET AL. v. JUAN ECHIVERRI, JR., ET AL.

    204 Phil. 611

  • G.R. No. L-45030 December 15, 1982 - REPUBLIC OF THE PHIL. v. DELIA P. MEDINA

    204 Phil. 615

  • G.R. No. L-45798 December 15, 1982 - VENANCIO VILLANUEVA v. CFI OF ORIENTAL MINDORO, ET AL.

    204 Phil. 629

  • G.R. No. L-48007 December 15, 1982 - PLUM FEDERATION OF INDUSTRIAL AND AGRARIAN WORKERS v. CARMELO C. NORIEL

    204 Phil. 639

  • G.R. No. L-51607 December 15, 1982 - CESAR ACDA v. MINISTER OF LABOR, ET AL.

    204 Phil. 646

  • G.R. No. L-52118 December 15, 1982 - PERFECTO FABULAR v. COURT OF APPEALS, ET AL.

    204 Phil. 654

  • G.R. No. L-54012 December 16, 1982 - JULITO ZAMORA, ET AL. v. CFI OF BULACAN (BALIUAG) BRANCH IV, ET AL.

    204 Phil. 658

  • G.R. No. L-54288 December 15, 1982 - ARTURO DE GUZMAN v. PEOPLE OF THE PHIL., ET AL.

    204 Phil. 663

  • G.R. No. L-54587 December 15, 1982 - MERVILLE DEVELOPMENT CORPORATION v. ROSARIO G. DIMAYUGA, ET AL.

    204 Phil. 675

  • G.R. No. L-54597 December 15, 1982 - FELICIDAD ANZALDO v. JACOBO C. CLAVE

    204 Phil. 679

  • G.R. No. L-56405 December 15, 1982 - PEOPLE OF THE PHIL. v. ARCADIO FIEL, JR., ET AL.

    204 Phil. 685

  • G.R. No. L-56763 December 15, 1982 - JOHN SY, ET AL. v. TYSON ENTERPRISES, INC., ET AL.

    204 Phil. 693

  • G.R. No. L-61419 December 15, 1982 - NEVILLE Y. LAMIS ENTS., ET AL. v. ALEJANDRO SILAPAN

    204 Phil. 701

  • G.R. No. L-61478 December 15, 1982 - LUNINGNING B. ALVAREZ v. BLAS OPLE, ET AL.

    204 Phil. 704

  • G.R. No. L-62607 December 15, 1982 - PEOPLE OF THE PHIL. v. DOMINGO CASTUERA

    204 Phil. 706

  • G.R. No. L-29038 December 27, 1982 - ALFREDO C. PANLILIO, ET AL. v. GREGORIO N. GARCIA, ET AL.

    204 Phil. 713

  • G.R. No. L-31628 December 27, 1982 - MUNICIPALITY OF CARCAR v. CFI OF CEBU, BARILI BRANCH, ET AL.

    204 Phil. 719

  • G.R. No. L-31885 December 27, 1982 - REPUBLIC OF THE PHIL. v. CFI OF BAGUIO-BENGUET, BRANCH III, ET AL.

    204 Phil. 724

  • G.R. No. L-34486 December 27, 1982 - REPUBLIC OF THE PHIL. v. JULIO HERIDA

    204 Phil. 729

  • G.R. No. L-38831 December 27, 1982 - PEOPLE OF THE PHIL. v. MARVIN MILLORA, ET AL.

    204 Phil. 735

  • G.R. No. L-43720 December 27, 1982 - PEOPLE OF THE PHIL. v. JORGE GOLFO

    204 Phil. 742

  • G.R. No. L-56858 December 27, 1982 - PEOPLE OF THE PHIL. v. AKMAD MARONG, ET AL.

    204 Phil. 749

  • G.R. No. L-58087 December 27, 1982 - DANILO IBARRA SISON, ET AL. v. REPUBLIC OF THE PHIL., ET AL.

    204 Phil. 757

  • G.R. Nos. L-59447 & L-60188 December 27, 1982 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

    204 Phil. 768

  • G.R. No. L-59647 December 27, 1982 - PANAY ELECTRIC CO., INC. v. COURT OF APPEALS, ET AL.

    204 Phil. 776

  • G.R. No. L-60859 December 27, 1982 - GLOBE-MACKAY CABLE & RADIO CORPORATION, ET AL. v. GEORGE BARRIOS, ET AL.

    204 Phil. 781

  • G.R. No. L-61545 December 27, 1982 - JOSE RODRIGUEZ v. COMMISSION ON ELECTIONS, ET AL.

    204 Phil. 784

  • G.R. No. L-51299 December 29, 1982 - CARMENCITA G. VISPERAS v. AMADO GAT. INCIONG, ET AL.

    204 Phil. 797

  • G.R. No. L-57957 December 29, 1982 - ZENITH INSURANCE CORPORATION v. COURT OF APPEALS, ET AL.

    204 Phil. 805

  • G.R. No. L-61628 December 29, 1982 - BA FINANCE CORPORATION v. GREGORIO G. PINEDA, ET AL.

    204 Phil. 813

  • Adm. Case No. 1409 December 30, 1982.

    ADELINA C. ADRIAS v. SALVADOR P. DE GUZMAN, JR.

    204 Phil. 826

  • G.R. No. L-52502 December 30, 1982 - MANUEL DISINI v. COMMISSION ON ELECTIONS

    204 Phil. 831