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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
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June-1997 Jurisprudence                 

  • G.R. No. 92462 June 2, 1997 - SANTIAGO GOKING v. ROLANDO R. VILLARAZA, ET AL.

  • G.R. No. 97896 June 2, 1997 - TEKNIKA SKILLS & TRADE SERVICES, INC. v. SECRETARY OF LABOR, ET AL.

  • G.R. No. 116748 June 2, 1997 - PEOPLE OF THE PHIL. v. MARJORIE CASTILLO

  • G.R. No. 121434 June 2, 1997 - ELENA F. UICHICO, ET AL. v. NLRC, ET AL.

  • G.R. No. 120880 June 5, 1997 - FERDINAND R. MARCOS II v. COURT OF APPEALS, ET AL.

  • G.R. No. 76969 June 9, 1997 - INLAND REALTY INVESTMENT SERVICE, INC., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 89369 June 9, 1997 - PEOPLE OF THE PHIL. v. ROLANDO BERGONIA, ET AL.

  • G.R. No. 107259 June 9, 1997 - RAYMUNDO M. DAPITON, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 108475 June 9, 1997 - GAMALIEL DINIO, ET AL. v. BIENVENIDO E. LAGUESMA, ET AL.

  • G.R. No. 115944 June 9, 1997 - ELVIRA C. GONZALES v. NLRC, ET AL.

  • G.R. No. 118536 June 9, 1997 - LAWIN SECURITY SERVICES, INC., ET AL. v. NLRC, ET AL.

  • G.R. Nos. 119362 & 120269 June 9, 1997 - PEOPLE OF THE PHIL. v. RICARDO O. RABOSA

  • G.R. No. 123905 June 9, 1997 - MARIA CRISTINA FERTILIZER CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 124280 June 9, 1997 - FLORA S. REYES v. COURT OF APPEALS, ET AL.

  • Bar Matter No. 730 June 10, 1997 - NEED THAT LAW STUDENT PRACTICING UNDER RULE 138-A BE SUPERVISED

  • G.R. No. 96999 June 10, 1997 - CARLOS O. YSMAEL v. COURT OF APPEALS, ET AL.

  • G.R. No. 106812 June 10, 1997 - TAGAYTAY-TAAL TOURIST DEV. CORP. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 107302, 107306 & 108559-60 June 10, 1997 - INDUSTRIAL TIMBER CORP. v. NLRC, ET AL.

  • G.R. No. 120074 June 10, 1997 - LEAH P. ADORIO v. LUCAS P. BERSAMIN

  • G.R. No. 120594 June 10, 1997 - ALFONSO TAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123639 June 10, 1997 - ANTONIO M. GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 113713 June 11, 1997 - ORIENT EXPRESS PLACEMENT PHIL. v. NLRC, ET AL.

  • G.R. No. 116940 June 11, 1997 - PHIL-AM GENERAL INSURANCE CO., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 117561 June 11, 1997 - JULIO MARCO v. COURT OF APPEALS, ET AL.

  • G.R. No. 118041 June 11, 1997 - PHIMCO INDUSTRIES, INC. v. NLRC, ET AL.

  • G.R. Nos. 118921-22 June 11, 1997 - ERNESTO AUSTRIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 120956 June 11, 1997 - PEOPLE OF THE PHIL. v. DOMINGO MORENO, ET AL.

  • Adm. Matter No. P-97-1248 June 13, 1997 - MARIEL ECUBE-BADEL v. DAVID DE LA PEÑA BADEL

  • G.R. Nos. 100513 & 111559 June 13, 1997 - SEVERINO ANTONIO v. COURT OF APPEALS, ET AL.

  • G.R. No. 102467 June 13, 1997 - EQUITABLE BANKING CORP., ET AL. v. NLRC, ET AL.

  • G.R. Nos. 110817-22 June 13, 1997 - PEOPLE OF THE PHIL. v. MARCELINO A. BUGARIN

  • G.R. No. 111088 June 13, 1997 - C & M TIMBER CORP. v. ANGEL C. ALCALA, ET AL.

  • G.R. Nos. 113103 & 116000 June 13, 1997 - NAPOCOR, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 114764 June 13, 1997 - WILFREDO T. PADILLA v. NLRC, ET AL.

  • Adm. Case No. 4244 June 17, 1997 - BUHANGIN RESIDENTS & EMPLOYEES ASSN., ETC. v. CORAZON NUÑEZ-MALANYAON

  • G.R. No. 100920 June 17, 1997 - PEOPLE OF THE PHIL. v. NOLI SALCEDO, ET AL.

  • G.R. No. 109311 June 17, 1997 - ZENAIDA ASUNCION v. NLRC, ET AL.

  • G.R. Nos. 110974-81 June 17, 1997 - PEOPLE OF THE PHIL. v. DANTE MANANSALA

  • G.R. No. 111357 June 17, 1997 - TRADERS ROYAL BANK v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 113799 June 17, 1997 - PEOPLE OF THE PHIL. v. BIENVENIDO BAYDO

  • G.R. No. 119337 June 17, 1997 - BAYVIEW HOTEL, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 120030 June 17, 1997 - ATLAS FERTILIZER CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 120553 June 17, 1997 - PHILTRANCO SERVICE ENTERPRISES, INC., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 120802 June 17, 1997 - JOSE T. CAPILI v. NLRC, ET AL.

  • G.R. No. 121787 June 17, 1997 - PEOPLE OF THE PHIL. v. EDGARDO GREFALDIA

  • G.R. No. 121964 June 17, 1997 - ABDULIA RODRIGUEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 122932 June 17, 1997 - JOY BROTHERS, INC. v. NWPC

  • Adm. Case No. 4431 June 19, 1997 - PRISCILLA CASTILLO VDA. DE MIJARES v. ONOFRE A. VILLALUZ

  • Adm. Matter No. P-96-1221 June 19, 1997 - ADORACION G. ANGELES v. PABLO C. GERNALE, JR.

  • Adm. Matter No. P-97-1240 June 19, 1997 - WILFREDO C. BANOGON v. FELIPE T. ARIAS

  • Adm. Matter No. P-97-1242 June 19, 1997 - ESTHER P. MAGLEO v. ARISTON G. TAYAG

  • G.R. Nos. 93100 & 97855 June 19, 1997 - ATLAS FERTILIZER CORP. v. SECRETARY OF DAR

  • G.R. No. 102612 June 19, 1997 - MANUEL L. QUEZON UNIVERSITY, ET AL. v. NLRC, ET AL.

  • G.R. Nos. 102723-24 June 19, 1997 - PEOPLE OF THE PHIL. v. EDUARDO CABALLES, ET AL.

  • G.R. No. 103493 June 19, 1997 - PHILSEC INVESTMENT CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 106583 June 19, 1997 - PEOPLE OF THE PHIL. v. VICTORIANO CASTRO

  • G.R. No. 108107 June 19, 1997 - PEOPLE OF THE PHIL. v. SUSAN PANTALEON

  • G.R. No. 108616 June 19, 1997 - PEOPLE OF THE PHIL. v. RODOLFO PATAWARAN

  • G.R. No. 109224 June 19, 1997 - MEGASCOPE GENERAL SERVICES v. NLRC, ET AL.

  • G.R. No. 110226 June 19, 1997 - ALBERTO S. SILVA, ET AL. v. NLRC, ET AL.

  • G.R. No. 112687 June 19, 1997 - PEOPLE OF THE PHIL. v. ABNER B. EUBRA

  • G.R. No. 113685 June 19, 1997 - PEOPLE OF THE PHIL. v. THEODORE BERNAL, ET AL.

  • G.R. No. 114812 June 19, 1997 - PEOPLE OF THE PHIL. v. RODEL Z. SAHAGUN, ET AL.

  • G.R. No. 115968 June 19, 1997 - RUBIN FERRER, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116394 June 19, 1997 - PEOPLE OF THE PHIL. v. TEODORO BONOLA

  • G.R. No. 116918 June 19, 1997 - PEOPLE OF THE PHIL. v. BONFILO MARTINEZ

  • G.R. No. 117005 June 19, 1997 - CARLITO D. CORPUZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 117228 June 19, 1997 - RODOLFO MORALES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 118335-36 June 19, 1997 - PEOPLE OF THE PHIL. v. ROSELLER ALAS, ET AL.

  • G.R. No. 119071 June 19, 1997 - PEOPLE OF THE PHIL. v. ROGELIO ANTIPONA

  • G.R. No. 121429 June 19, 1997 - MARCIA TUMBIGA v. NLRC, ET AL.

  • G.R. No. 122368 June 19, 1997 - BERNARDO NAZAL, ET AL. v. NLRC, ET AL.

  • G.R. No. 122389 June 19, 1997 - MIGUEL SINGSON v. NLRC, ET AL.

  • G.R. No. 122806 June 19, 1997 - TIMES BROADCASTING NETWORK v. COURT OF APPEALS, ET AL.

  • G.R. No. 122866 June 19, 1997 - MELVA NATH v. NLRC, ET AL.

  • G.R. No. 123073 June 19, 1997 - PEOPLE OF THE PHIL. v. BENJAMIN CAYABYAB

  • G.R. No. 123673 June 19, 1997 - PEDRO C. CALUCAG v. COMELEC, ET AL.

  • G.R. No. 123708 June 19, 1997 - CSC, ET AL. v. RAFAEL M. SALAS

  • G.R. No. 124050 June 19, 1997 ccc zz

    MAYER STEEL PIPE CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125008 June 19, 1997 - COMMODITIES STORAGE & ICE PLANT CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125221 June 19, 1997 - REYNALDO M. LOZANO v. ELIEZER R. DE LOS SANTOS, ET AL.

  • G.R. No. 125347 June 19, 1997 - EMILIANO RILLO v. COURT OF APPEALS, ET AL.

  • G.R. No. 125798 June 19, 1997 - HADJI HAMID LUMNA PATORAY v. COMELEC, ET AL.

  • G.R. No. 125955 June 19, 1997 - WILMER GREGO v. COMELEC, ET AL.

  • G.R. No. 126361 June 19, 1997 - VICTOR R. MIRANDA, ET AL. v. JESSIE B. CASTILLO, ET AL.

  • G.R. No. 127311 June 19, 1997 - CONRADO LINDO v. COMELEC, ET AL.

  • G.R. No. 127623 June 19, 1997 - DOMINADOR VERGEL DE DIOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 116216 June 20, 1997 - NATALIA S. MENDOZA v. COURT OF APPEALS, ET AL.

  • G.R. No. 116695 June 20, 1997 - VICTORIA G. GACHON, ET AL. v. NORBERTO C. DEVERA, JR., ET AL.

  • G.R. No. 118435 June 20, 1997 - PEOPLE OF THE PHIL. v. MARIO SERZO, JR.

  • G.R. No. 119178 June 20, 1997 - LINA LIM LAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 119745 June 20, 1997 - POWER COMMERCIAL AND INDUSTRIAL CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 122079 June 27, 1997 - ANTONIO CONCEPCION, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 100935 June 30, 1997 - PEOPLE OF THE PHIL. v. VICENTE ZABALLERO

  • G.R. No. 102316 June 30, 1997 - VALENZUELA HARDWOOD AND INDUSTRIAL SUPPLY v. COURT OF APPEALS, ET AL.

  • G.R. No. 112260 June 30, 1997 - JOVITA YAP ANCOG, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115689 June 30, 1997 - PEOPLE OF THE PHIL. v. LINO ARTIAGA

  • G.R. No. 121793 June 30, 1997 - PEOPLE OF THE PHIL. v. ADONIS BALAD

  •  





     
     

    G.R. No. 124280   June 9, 1997 - FLORA S. REYES v. COURT OF APPEALS, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 124280. June 9, 1997.]

    FLORA S. REYES, Petitioners, v. HON. COURT OF APPEALS, AND HEIRS OF FELISA MARTIN-HIPOLITO, Respondents.


    D E C I S I O N


    VITUG, J.:


    Elena B. De Jesus was the registered owner of a 150 square-meter parcel of land covered by Transfer Certificate of Title ("TCT") No. 63308. On 07 April 1964, De Jesus sold the lot to herein petitioner Flora Reyes, the latter paying an initial sum of P4,000.00 and committing to remit the balance some time later. Although the title to the property meanwhile remained in the name of De Jesus, Flora Reyes was allowed, nonetheless, to take possession and reside in the premises.

    On 22 September 1965, De Jesus obtained a loan from herein private respondent Felisa Martin-Hipolito in the amount of P18,000.00. By way of security, De Jesus mortgaged the parcel of land earlier sold to petitioner Reyes. The certificate of title (TCT No. 63308) was delivered to Hipolito but the deed of mortgage, nevertheless, was not recorded.

    On 06 June 1966, when Reyes was ready to pay the balance of the purchase price, De Jesus "borrowed" the certificate of title from Hipolito. On 09 June 1966, having now been fully paid, De Jesus executed a deed of absolute sale over the property in favor of Reyes. The deed was thereupon registered with the Register of Deeds of Caloocan. The title of De Jesus was cancelled and, in lieu thereof, TCT No. 22321 was issued in the name of Reyes.chanroblesvirtual|awlibrary

    Hipolito, upon learning of the conveyance of the property, filed an action, docketed Civil Case No. 937, before the then Court of First Instance of Caloocan City, seeking to cancel the sale to, as well as the new title of, Reyes. The latter was declared in default and a judgment by default was rendered by the lower court in favor of Hipolito.

    On 19 May 1969, the mortgaged property was auctioned off. In the public sale, Hipolito was adjudged the highest bidder. Eventually, Hipolito consolidated ownership and, on 20 August 1970, TCT No. 36702 was issued in her name.

    On 30 September 1970, Reyes filed a complaint with the then Court of First Instance of Caloocan for annulment of the default judgment rendered against her and for the cancellation of Hipolito’s title. After the case was heard, the order of default and the proceedings thereafter held were declared null and void. Accordingly, the default judgment was set aside, and Civil Case No. 937 was re-opened to allow Reyes to present her evidence. On 15 November 1989, the trial court rendered judgment holding the sale between De Jesus and Reyes to be a simulated contract, ordering the cancellation of Reyes’ TCT No. 22321 and declaring private respondent Hipolito’s TCT No. 36702 to be valid.

    Petitioner appealed the decision of the trial court to the Court of Appeals. The appeal was docketed CA-G.R. CV No. 26008.

    The appellate court, through Justice Ricardo Pronove, Jr., found differently and, on 13 September 1991, promulgated its judgment reversing and setting aside the decision of the trial court; viz:jgc:chanrobles.com.ph

    "WHEREFORE, the decision appealed from is REVERSED and SET ASIDE. A new one is entered:jgc:chanrobles.com.ph

    "a) declaring Transfer Certificate of Title No. 36702 of the Register of Deeds of Caloocan City issued in the name of plaintiff Felisa Martin Hipolito null and void; and

    "b) declaring the deed of absolute sale dated June 9, 1966, executed by Elena B. de Jesus in favor of defendant Flora S. Reyes and Transfer Certificate of Title No. 22321 of the Register of Deeds of Caloocan City issued in the name of said defendant valid and legal.

    "Costs against the Plaintiff-Appellee.

    "SO ORDERED." 1

    Private respondent Hipolito was unsuccessful in her bid for a review of the appellate court’s decision before this Court. Her petition, ultimately, was dismissed with finality in a resolution, dated 24 February 1992, by the Court.chanrobles.com : virtual lawlibrary

    In due time, upon petitioner’s motion, a writ of execution was issued by the trial court directing the Sheriff of Caloocan to cause the implementation of the decision. It was at this juncture when the Office of the Register of Deeds noticed that while the opening paragraph of the decision of the Court of Appeals (in CA-G.R. CV No. 26008) identified the parcel of land in question as being "Lot No. 40, Block 33," the three transfer certificates of title in the names of De Jesus, Hipolito and Reyes, however, designated the disputed property to be "Lot No. 40, Block No. 133."cralaw virtua1aw library

    On 26 May 1995, petitioner filed with the Court of Appeals a "Motion for Correction of Typographical Error in Decision dated 13 September 1991." Private respondent Hipolito, substituted by her heirs, opposed the motion.

    In a resolution, dated 09 November 1995, the Court of Appeals denied petitioner’s motion. It also later rejected petitioner’s motion for reconsideration.

    Hence, the instant petition for review.

    The Court finds merit in the petition.

    TCT No. 63308 in the name of Elena De Jesus, TCT No. 22321 in the name of petitioner Flora Reyes, and TCT No. 36702 in the name of private respondent Felisa Martin-Hipolito, all refer to one and the same parcel of land which is Lot No. 40, Block 133. The various pleadings submitted by the parties, including the decision of the Court of Appeals, readily reveal that throughout the entire proceedings in Civil Case No. 937 before the trial court, as well as on appeal in CA-G.R. CV No. 26008 before the appellate court, the land involved was none other than the lot covered by the aforenumbered TCTs. Contrary to the asseverations of the respondents, the identity of the land was never put to issue nor in dispute. It is all too obvious that the so-called discrepancy between the opening statement of the Court of Appeals describing the land as Lot No. 40, Block 33 and that appearing in the various certificates of title identifying the same property as Lot No. 40, Block 133 was nothing more than the result of a typographical error.

    To repeat, the Court absolutely entertains no doubt over the fact that the parcel of land dealt with twice by its original owner, Elena De Jesus, and identified in the opening statement of the decision of the Court of Appeals in CA-G.R. CV No. 26008 as Lot No. 40, Block 33 is the very same property described as Lot No. 40, Block 133 in TCT No. 63308 (in the name of De Jesus), TCT No. 22321 (in the name of Reyes), and TCT No. 36702 (in the name of Hipolito) of the Register of Deeds of Caloocan City.

    Clerical errors, or mistakes or omissions plainly due to inadvertence or negligence may be corrected or supplied even after a judgment has already been entered, 2 or has become final. 3 Courts may direct that such inaccuracies be promptly rectified.

    This case has had its start as early as 1968 and after several years of relentless proceedings, justice and equity now demand that petitioner, now in the twilight years of her life, should finally see an end to her frustrations and get what rightfully is due her.chanroblesvirtuallawlibrary

    WHEREFORE, the questioned resolutions of the Court of Appeals, dated 09 November 1995 and 11 March 1996, are hereby SET ASIDE and the Court of Appeals is ORDERED to make the corresponding correction in the first paragraph of its decision in CA-G.R. CV No. 26008 so as to identify "Lot No. 40, Block No. 33" there erroneously written to instead be identified as "Lot No. 40, Block 133." No costs.

    SO ORDERED.

    Bellosillo, (Acting Chairman), Kapunan and Hermosisima, Jr., JJ., concur.

    Padilla, J., is on leave.

    Endnotes:



    1. Rollo, p. 48.

    2. See Locsin v. Paredes and Hodges, 63 Phil. 87.

    3. Potenciano v. CA, 104 Phil. 156.

    G.R. No. 124280   June 9, 1997 - FLORA S. REYES v. COURT OF APPEALS, ET AL.


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