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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
September-2000 Jurisprudence                 

  • G.R. No. 117690 September 1, 2000 - PEOPLE OF THE PHIL. v. ALBERTO DANO

  • G.R. No. 128567 September 1, 2000 - HUERTA ALBA RESORT INC. v. COURT OF APPEALS, ET AL.

  • A.M. No. RTJ-00-1582 September 4, 2000 - COB C. DE LA CRUZ v. RODOLFO M. SERRANO

  • G.R. No. 134763 September 4, 2000 - PEOPLE OF THE PHIL. v. WILFREDO RIGLOS, ET AL.

  • G.R. No. 137785 September 4, 2000 - NAPOCOR v. VINE DEVELOPMENT CORPORATION, ET AL.

  • G.R. No. 139282 September 4, 2000 - ROMEO DIEGO v. SANDIGANBAYAN, ET AL.

  • G.R. No. 90828 September 5, 2000 - MELVIN COLINARES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 124077 September 5, 2000 - PEOPLE OF THE PHIL. v. ADORACION SEVILLA ET AL.

  • G.R. No. 129239 September 5, 2000 - PEOPLE OF THE PHIL. v. PAUL LAPIZ

  • G.R. Nos. 131848-50 September 5, 2000 - PEOPLE OF THE PHIL. v. RODOLFO VILLARAZA

  • G.R. No. 139853 September 5, 2000 - FERDINAND THOMAS M. SOLLER v. COMELEC, ET AL.

  • A.M. No. MTJ-00-1307 September 6, 2000 - MANUEL BUNYI, ET AL. v. FELIX A. CARAOS

  • A.M. No. MTJ-00-1309 September 6, 2000 - FREDESMINDA DAYAWON v. MAXIMINO A. BADILLA

  • A.M. No. O.C.A.-00-01 September 6, 2000 - JULIETA B. NAVARRO v. RONALDO O. NAVARRO, ET AL.

  • G.R. No. 129220 September 6, 2000 - PEOPLE OF THE PHIL. v. BERNIE JAMON FAUSTINO

  • G.R. No. 131506 September 6, 2000 - PEOPLE OF THE PHIL. v. RODEL DIZON

  • G.R. No. 133625 September 6, 2000 - REMEDIOS F. EDRIAL ET AL. v. PEDRO QUILAT-QUILAT, ET AL.

  • A.M. No. MTJ-00-1314 September 7, 2000 - CLODUALDO C. DE JESUS v. RODOLFO D. OBNAMIA JR.

  • G.R. No. 121802 September 7, 2000 - GIL MACALINO, JR. v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 126036 September 7, 2000 - PEOPLE OF THE PHIL. v. PASCUAL BALINAD, ET AL.

  • G.R. No. 128158 September 7, 2000 - PEOPLE OF THE PHIL. v. ARMANDO JUAREZ, ET AL.

  • G.R. No. 137431 September 7, 2000 - EDGARDO SANTOS v. LAND BANK OF THE PHIL.

  • G.R. No. 143385 September 7, 2000 - LEARNING CHILD, ET AL. v. ANNIE LAZARO, ET AL.

  • A.M. Nos. P-93-990 & A.M. No. P-94-1042 September 8, 2000 - TERESITO D. FRANCISCO v. FERNANDO CRUZ

  • G.R. No. 125167 September 8, 2000 - PRODUCERS BANK OF THE PHIL, ET AL. v. BANK OF THE PHIL. ISLANDS, ET AL.

  • G.R. No. 137714 September 8, 2000 - PEOPLE OF THE PHILS.. v. ROBERTO BANIGUID

  • A. M. No. P-99-1309 September 11, 2000 - FRANCISCO B. IBAY v. VIRGINIA G. LIM

  • G.R. No. 137857 September 11, 2000 - REPUBLIC OF THE PHIL. v. SANCHO MAGDATO

  • G.R. No. 115054-66 September 12, 2000 - PEOPLE-OF THE PHILIPPINES v. VICENTE MENIL

  • G.R. No. 138201 September 12, 2000 - FRANCISCO BAYOCA, ET AL. v. GAUDIOSO NOGALES, ET AL.

  • G.R. No. 123111 September 13, 2000 - PEOPLE OF THE PHIL. v. JIMMY DAGAMI

  • G.R. No. 127444 September 13, 2000 - PEOPLE OF THE PHIL. v. TIRSO D. C. VELASCO, ET AL.

  • G.R. No. 126402 September 13, 2000 - PEOPLE OF THE PHIL. v. LITO ROSALES

  • G.R. No. 126781 September 13, 2000 - PEOPLE OF THE PHIL. v. CALIXTO ZINAMPAN, ET AL.

  • G.R. No. 133918 September 13, 2000 - PEOPLE OF THE PHIL. v. TIBOY ALBACIN

  • G.R. No. 133981 September 13, 2000 - PEOPLE OF THE PHIL. v. HILARION BERGONIO, JR.

  • A.M. No. 00-1281-MTJ. September 14, 2000 - OFFICE OF THE COURT ADMINISTRATOR v. SALVADOR B. MENDOZA

  • G.R. Nos. 104637-38 & 109797 September 14, 2000 - SAN MIGUEL CORPORATION, ET AL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 126368 September 14, 2000 - PEOPLE OF THE PHIL. v. JOHNNY CALABROSO, ET AL.

  • G.R. No. 129208 September 14, 2000 - PEOPLE OF THE PHIL. v. EDGARDO ALORO

  • G.R. No. 131680 September 14, 2000 - SUBIC BAY METROPOLITAN AUTHORITY, ET AL. v. UNIVERSAL INTERNATIONAL GROUP OF TAIWAN, ET AL.

  • G.R. No. 140269-70 September 14, 2000 - PHIL. CARPET EMPLOYEES ASSOCIATION ET AL. v. PHIL. CARPET MANUFACTURING CORP.

  • G.R. Nos. 143351 & 144129 September 14, 2000 - MA. AMELITA C. VILLAROSA v. HRET, ET AL.

  • G.R. No. 109269 September 15, 2000 - BAYER PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 134266 September 15, 2000 - PEOPLE OF THE PHIL. v. MELENCIO BALI-BALITA

  • G.R. Nos. 135288-93 September 15, 2000 - PEOPLE OF THE PHIL. v. JESUS GIANAN

  • G.R. No. 130038 September 18, 2000 - ROSA LIM v. PEOPLE OF THE PHIL.

  • G.R. No. 132603 September 18, 2000 - ELPIDIO M. SALVA, ET AL. v. ROBERTO L. MAKALINTAL, ET AL.

  • G.R. No. 134651 September 18, 2000 - VIRGILIO JIMENEZ, ET AL. v. PATRICIA, INC.

  • G.R. No. 134730 September 18, 2000 - FELIPE GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 133373-77 September 18, 2000 - PEOPLE OF THE PHIL. v. FAUSTINO CAMPOS

  • G.R. NO. 140268 September 18, 2000 - PEOPLE OF THE PHIL. v. JOSE LLANES, ET AL.

  • G.R. No. 141471 September 18, 2000 - COLEGIO DE SAN JUAN DE LETRAN v. ASSOC. OF EMPLOYEES AND FACULTY OF LETRAN, ET AL.

  • G.R. No. 141787 September 18, 2000 - MANUEL H. AFIADO, ET AL. v. COMELEC

  • G.R. No. 142038 September 18, 2000 - ROLANDO E. COLUMBRES v. COMELEC, ET AL.

  • G.R. Nos. 136149-51 September 19, 2000 - PEOPLE OF THE PHIL. v. WALPAN LADJAALAM

  • G.R. No. 137659 September 19, 2000 - PEOPLE OF THE PHIL. v. AMADEO TRELLES

  • G.R. No. 114348 September 20, 2000 - NATIONAL IRRIGATION ADMINISTRATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 131927 September 20, 2000 - PEOPLE OF THE PHIL. v. DAVID BANAWOR, ET AL.

  • G.R. No. 135516 September 20, 2000 - PEOPLE OF THE PHILS. v. NEIL DUMAGUING

  • G.R. No. 132547 September 20, 2000 - PEOPLE OF THE PHIL. v. ERNESTO ULEP

  • G.R. No. 117417 September 21, 2000 - MILAGROS A. CORTES v. COURT OF APPEALS, ET AL.

  • G.R. No. 120747 September 21, 2000 - VICENTE GOMEZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 128990 September 21, 2000 - INVESTORS FINANCE CORP. v. AUTOWORLD SALES CORP.

  • G.R. No. 136396 September 21, 2000 - PEOPLE OF THE PHIL. v. ROLANDO ZASPA, ET AL.

  • G.R. No. 136453 September 21, 2000 - PETRITA Y. BONILLA v. COURT OF APPEALS, , ET AL.

  • G.R. No. 137571 September 21, 2000 - TUNG CHIN HUI v. RUFUS B. RODRIGUEZ, ET AL.

  • A.M. No. P-00-1424 & MTJ-00-1316 September 25, 2000 - REYNALDO B. BELLOSILLO v. DANTE DE LA CRUZ RIVERA

  • G.R. No. 129055 September 25, 2000 - PEOPLE OF THE PHIL. v. EDGAR BACALSO

  • G.R. No. 129296 September 25, 2000 - PEOPLE OF THE PHlL. v. ABE VALDEZ

  • G.R. No. 132078 September 25, 2000 - PEOPLE OF THE PHIL. v. ARTEMIO BERZUELA

  • G.R. No. 133465 September 25, 2000 - AMELITA DOLFO v. REGISTER OF DEEDS FOR THE PROVINCE OF CAVITE, ET AL.

  • A.M. No. RTJ-93-986 September 26, 2000 - EDUARDO C. DE VERA v. WILLIAM LAYAGUE

  • G.R. No. 122110 September 26, 2000 - PEOPLE OF THE PHIL. v. FERIGEL OLIVA

  • G.R. No. 135630 September 26, 2000 - INTRAMUROS TENNIS CLUB v. PHIL. TOURISM AUTHORITY (PTA)

  • G.R. Nos. 136012-16 September 26, 2000 - PEOPLE OF THE PHIL. v. ULDARICO HONRA, JR.

  • G.R. No. 138887 September 26, 2000 - PEOPLE OF THE PHIL. v. JURRIE DUBRIA

  • G.R. No. 142392 September 26, 2000 - DOMINGA A. SALMONE v. EMPLOYEES’ COMPENSATION COMMISSION, ET AL.

  • A.M. No. MTJ-00-1319 September 27, 2000 - ROLANDO A. SULLA v. RODOLFO C. RAMOS

  • A.M. No. RTJ-99-1447 September 27, 2000 - LEONARDO DARACAN, ET AL. v. ELI G.C. NATIVIDAD

  • G.R. No. 109760 September 27, 2000 - PEOPLE OF THE PHILS. v. PABLO F. EMOY, ET AL.

  • G.R. No. 122498 September 27, 2000 - PEOPLE OF THE PHILS. v. ELMEDIO CAJARA

  • G.R. No. 133946 September 27, 2000 - PEOPLE OF THE PHIL. v. OSCAR NOGAR

  • G.R. Nos. 97138-39 September 28, 2000 - PEOPLE OF THE PHIL. v. EFREN TEMANEL, ET AL.

  • G.R. No. 132311 September 28, 2000 - PEOPLE OF THE PHIL. v. MINA LIBRERO

  • G.R. No. 132725 September 28, 2000 - PEOPLE OF THE PHIL. v. ARMANDO QUILATAN

  • G.R. No. 136843 September 28, 2000 - PEOPLE OF THE PHIL. v. PEDRO ABUNGAN, ET AL.

  • G.R. No. 138054 September 28, 2000 - ROSENDO C. CARTICIANO, ET AL. v. MARIO NUVAL

  • G.R. No. 138503 September 28, 2000 - ROBERTO FERNANDEZ v. PEOPLE OF THE PHIL., ET AL.

  • A.M. No. 00-3-01-CTA September 29, 2000 - RE: JUDGE ERNESTO D. ACOSTA

  • A.M. No. RTJ-00-1589 September 29, 2000 - JEANET N. MANIO v. JOSE ENER S. FERNANDO

  • G.R. No. 106401 September 29, 2000 - FLORENTINO ZARAGOZA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123299 September 29, 2000 - PEOPLE OF THE PHIL. v. SANTIAGO CARUGAL, ET AL.

  • G.R. Nos. 124671-75 September 29, 2000 - PEOPLE OF THE PHIL. v. LINDA SAGAYDO

  • G.R. No. 126048 September 29, 2000 - PEOPLE OF THE PHIL v. RODEL SAMONTE

  • G.R. No. 126254 September 29, 2000 - PEOPLE OF THE PHIL. v. RONALDO PONCE

  • G.R. No. 129507 September 29, 2000 - CHAN SUI BI, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130785 September 29, 2000 - PEOPLE OF THE PHILS. v. RONALD VITAL

  • G.R. No. 131492 September 29, 2000 - ROGER POSADAS, ET AL. v. OMBUDSMAN, ET AL.

  • G.R. No. 131813 September 29, 2000 - PEOPLE OF THE PHIL. v. MARIO ABENDAN

  • G.R. No. 133443 September 29, 2000 - PEOPLE OF THE PHIL. v. DOMINADOR DE LA ROSA, ET AL.

  • G.R. No. 134100 September 29, 2000 - PURITA ALIPIO v. COURT OF APPEALS, ET AL.

  • G.R. No. 135382 September 29, 2000 - PEOPLE OF THE PHIL. v. LOURDES GAMBOA

  • G.R. No. 135457 September 29, 2000 - PEOPLE OF THE PHIL. v. JOSE PATRIARCA, ET AL.

  • G.R. No. 135548 September 29, 2000 - FAR EAST BANK AND TRUST COMPANY v. COURT OF APPEALS, ET AL.

  • G.R. No. 135981 September 29, 2000 - PEOPLE OF THE PHIL. v. MARIVIC GENOSA

  • G.R. Nos. 137379-81 September 29, 2000 - PEOPLE OF THE PHILS. v. ARTURO GARCIA

  • G.R. No. 139910 September 29, 2000 - PHILIPPINE COCONUT AUTHORITY v. CORONA INTERNATIONAL

  • G.R. No. 141060 September 29, 2000 - PILIPINAS BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 141959 September 29, 2000 - JUANITA NARZOLES, ET AL. v. NLRC, ET AL.

  •  





     
     

    G.R. No. 114348   September 20, 2000 - NATIONAL IRRIGATION ADMINISTRATION v. COURT OF APPEALS, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 114348. September 20, 2000.]

    NATIONAL IRRIGATION ADMINISTRATION, Petitioner, v. COURT OF APPEALS and DICK MANGLAPUS, Respondents.

    D E C I S I O N


    PARDO, J.:


    This case is an appeal 1 from the decision of the Court of Appeals 2 affirming in toto the decision of the Regional Trial Court, Branch 04, Tuguegarao, Cagayan 3 ruling in favor of private respondent Dick Manglapus (hereinafter referred to as "Manglapus"), and ordering petitioner National Irrigation Administration (hereinafter referred to as "NIA") to pay Manglapus one hundred fifty thousand six hundred pesos (P150,600.00), and fifty thousand pesos (P50,000.00), as compensatory damages, five thousand pesos (P5,000.00), as attorney’s fees, and two thousand pesos (P2,000.00), as litigation expenses and costs.chanrob1es virtua1 1aw 1ibrary

    First, the relevant facts.

    On June 28, 1963, a free patent over three (3) hectares of land, situated in barrio Baybayog, municipality of Alcala, province of Cagayan was issued in the name of respondent’s predecessor-in-interest, Vicente Manglapus, and registered under Original Certificate of Title No. P-24814, in his name. The land was granted to Vicente Manglapus, 4 subject to the following proviso expressly stated in the title: 5

    "TO HAVE AND TO HOLD the said tract of land, with the appurtenances thereunto of right belonging unto the said VICENTE MANGLAPUS and to his heirs and assigns forever, subject to the provisions of sections 113, 121, 122 and 124 of Commonwealth Act. No. 141, as amended which provide that except in favor of the Government or any of its branches, units, or institutions, the land hereby acquired shall be inalienable and shall not be subject to encumbrance for a period of five (5) years from the date of this patent, and shall not be liable for the satisfaction of any debt contracted prior to the expiration of that period; that it shall not be encumbered, alienated, or transferred to any person, corporation, association or partnership not qualified to acquire lands of the public domain under said Commonwealth Act No. 141, as amended; and that it shall not be subject to any encumbrance whatsoever in favor of any corporation, association or partnership except with the consent of the grantee and the approval of the Secretary of Agriculture and Natural Resources and solely for educational, religious or charitable purposes or for a right of way; and subject finally to all conditions and public easements and servitudes recognized and prescribed by law especially those mentioned in sections 109, 110, 111, 112, 113 and 114 of Commonwealth Act No. 141 as amended, and the right of the Government to administer and protect the timber found thereon for a term of five (5) years from the date of this patent, provided, however, that the grantee or heirs may cut and utilize such timber for his or their personal use (Emphasis ours)." chanrob1es virtua1 1aw 1ibrary

    Subsequently, respondent Manglapus acquired the lot from Vicente Manglapus by absolute sale.

    On July 18, 1974, the land was registered in Dick Manglapus’ name under Transfer Certificate of Title No. T-26658 of the Register of Deeds for the Province of Cagayan. 6 The land is particularly described as follows: 7

    "Lot No. 3559, Pls-497, with an area of 30,438 square meters, and covered by TRANSFER CERTIFICATE OF TITLE NO. T-26658, and Tax Declaration No. 11985."cralaw virtua1aw library

    Sometime in 1982, NIA entered into a contract with Villamar Development Construction. Under the contract, NIA was to construct canals in Amulung, Cagayan and Alcala, Cagayan. NIA then entered a portion of Manglapus’ land and made diggings and fillings thereon. 8

    The portion of Manglapus’ land entered into by NIA is described as follows: 9

    "In a sketch prepared by NIA’s employee labeled as NIA canal "Lateral "D", with an area of 7,880 square meters, which is a portion of Lot 3559, Pls-497."cralaw virtua1aw library

    On March 14, 1991, Manglapus filed with the Regional Trial Court, Tuguegarao, Cagayan a complaint for damages against NIA. 10 Manglapus alleged that NIA’s diggings and fillings destroyed the agricultural use of his land and that no reasonable compensation was paid for its taking. 11

    Despite service of notice of the pre-trial conference, 12 NIA did not appear at the pre-trial conference. 13

    On December 3, 1991, the trial court declared NIA in default and received Manglapus’ evidence ex parte. 14

    On December 23, 1991, the trial court rendered a decision in favor of Manglapus, thus: 15

    "WHEREFORE, and in consideration of the foregoing, the Court finds preponderance of evidence in favor of the plaintiff and against the defendant:jgc:chanrobles.com.ph

    "1) Ordering the defendant to pay plaintiff the sum of One Hundred Fifty Thousand Six Hundred Pesos (P150,600.00) and Fifty Thousand (P50,000.00) Pesos as compensatory damages;

    "2) Ordering the defendant to pay to plaintiff the sum of Five Thousand Pesos (P5,000.00) as attorney’s fees and Two Thousand Pesos (P2,000.00) as litigation expenses; andchanrob1es virtua1 1aw 1ibrary

    "3) To pay the cost of the suit.

    "SO ORDERED."cralaw virtua1aw library

    On January 27, 1992, NIA filed a motion to lift the order of default dated December 3, 1991, and to set aside the afore-quoted decision of December 23, 1991. 16

    On June 3, 1992, the trial court issued a resolution denying the motion for lack of merit. 17

    On July 17, 1992, NIA filed a notice of appeal to the Court of Appeals. 18

    On July 27, 1992, the trial court gave due course to the appeal and ordered the transmission of the original records to the Court of Appeals. 19

    On July 30, 1992, Manglapus filed a motion for execution of judgment with the trial court. 20

    On August 7, 1992, the NIA through the Solicitor General filed an opposition to the motion for execution. 21

    On August 17, 1992, the trial court declared that since the notice of appeal of NIA was given due course, the motion for execution was "moot and academic." 22

    On March 8, 1994, the Court of Appeals promulgated its decision, the dispositive portion of which reads: 23

    "WHEREFORE, PREMISES CONSIDERED, the decision appealed from is hereby AFFIRMED in toto and the appeal is hereby DISMISSED.

    "SO ORDERED."cralaw virtua1aw library

    Hence, this appeal. 24

    The sole issue is whether the NIA should pay Manglapus just compensation for the taking of a portion of his property for use as easement of a right of way.

    We find that NIA is under no such obligation. We sustain the appeal.

    We agree with NIA that the Transfer Certificate of Title 25 and the Original Certificate of Title 26 covering the subject parcel of land contained a reservation granting the government a right of way over the land covered therein. 27

    The transfer certificate of title, on which both the trial court and Court of Appeals relied, contains such a reservation. It states that title to the land shall be: 28

    ". . . subject to the provisions of said Land Registration Act and the Public Land Act, as well as those of Mining Laws, if the land is mineral, and subject, further to such conditions contained in the original title as may be subsisting (Emphasis ours)." chanrob1es virtua1 1aw 1ibrary

    Under the Original Certificate of Title, 29 there was a reservation and condition that the land is subject to "to all conditions and public easements and servitudes recognized and prescribed by law especially those mentioned in Sections 109, 110, 111, 112, 113 and 114, Commonwealth Act No. 141, as amended." This reservation, unlike the other provisos 30 imposed on the grant, was not limited by any time period and thus is a subsisting condition.

    Section 112, Commonwealth Act No. 141, provides that lands granted by patent,

    "shall further be subject to a right of way not exceeding twenty meters in width for public highways, railroads, irrigation ditches, aqueducts, telegraphs and telephone lines, and similar works as the Government or any public or quasi-public service or enterprises, including mining or forest concessionaires may reasonably require for carrying on their business, with damages for the improvements only (Emphasis ours)."cralaw virtua1aw library

    We note that the canal NIA constructed was only eleven (11) meters in width. This is well within the limit provided by law. 31 Manglapus has therefore no cause to complain.

    Article 619 of the Civil Code provides that, "Easements are established either by law or by the will of the owners. The former are called legal and the latter voluntary easements." In the present case, we find and declare that a legal easement of a right-of-way exists in favor of the government. The land was originally public land, and awarded to respondent Manglapus by free patent. The ruling would be otherwise if the land were originally private property, in which case, just compensation must be paid for the taking of a part thereof for public use as an easement of a right of way. 32

    Neither can Manglapus argue that he was a transferee or buyer in good faith. Under the Torrens system, for one to be a buyer in good faith and for value, the vendee must see the transfer certificate of title and rely upon the same. 33 Here, the annotation on the transfer certificate of title imposed on Manglapus the duty to refer to the conditions annotated on the back of the original certificate of title. This, he did not do. The law cannot protect him. Manglapus is a transferee with notice of the liens annotated in the title.

    One who deals with property registered under the Torrens system is charged with notice of burdens and claims that are annotated on the title. 34

    WHEREFORE, the Court GRANTS the petition for review on certiorari, and REVERSES the decision of the Court of Appeals in CA-G. R. CV No. 38835.chanrob1es virtua1 1aw 1ibrary

    IN LIEU THEREOF, the Court SETS ASIDE the decision of the Regional Trial Court, Branch IV, Tuguegarao, Cagayan in Civil Case No. 4266, and DISMISSES the complaint.

    No costs.

    SO ORDERED.

    Davide, Jr., C.J., Puno and Kapunan, JJ., concur.

    Ynares-Santiago, J., took no part.

    Endnotes:



    1. Under Rule 45,1964 Revised Rules of Court.

    2. In CA-G. R CV No. 38835, promulgated on March 8, 1994, Associate Justice Manuel C. Herrera, ponente, concurred in by Associate Justices Cezar D. Francisco and Buenaventura J. Guerrero.

    3. In Civil Case No. 4266, dated December 23,1991, Judge Plaridel L. Villacete, presiding.

    4. The Original Certificate of Title stated that Vicente Manglapus possessed "all the qualifications required by law in the premises, has fully complied with all the conditions, requirements, and provisions of Republic Act No. 782 and Chapter VII of Commonwealth Act No. 141, as amended, governing the granting of free patents to native settlers, and is therefore, entitled to a free patent"

    5. CA Rollo, p. 26.

    6. Rollo, p. 65.

    7. Rollo., p. 100.

    8. Ibid.

    9. Ibid., p. 127; Trial Court Record, p. 52.

    10. Ibid., p. 100; Trial Court Record, pp. 1-2.

    11. Ibid., pp. 100 101.

    12. Trial Court Record, p. 26.

    13. Ibid, pp. 34-37.

    14. Rollo, pp. 46-48; Trial Court Record. pp. 43-45.

    15. Ibid., p. 57; Trial Court Record, p. 64.

    16. Trial Court Record, pp. 75-84.

    17. Trial Court Record, pp. 92-98.

    18. Docketed as CA G.R. CV No. 38835, Rollo, p. 64; Trial Court Record, p. 100.

    19. Trial Court Record, p. 102.

    20. Ibid., pp. 103-104.

    21. Ibid., pp. 105-107.

    22. Ibid., p. 108.

    23. Rollo, p. 39.

    24. We resolved to give due course to the petition on November 18, 1998 (Rollo, p. 97).

    25. TCT No. T-26658, Rollo, pp. 65-66.

    26. OCT No. P-24814, Rollo, pp. 67-68.

    27. The reservation was said to be made when the government ceded the land by free patent to the grantee (Rollo, p. 14).

    28. Rollo, p. 65.

    29. Original Certificate of Tide No. P-24814.

    30. The "other provisos" which had a period or limit of effectivity were: (1) except in favor of the Government or any of its branches, units, or institutions, the land hereby acquired shall be inalienable and shall not be subject to encumbrance for a period of five (5) years from the date of this patent, and shall not be liable for the satisfaction of any debt contracted prior to the expiration of that period; (2) the land shall be subject to the right of the Government to administer and protect the timber found thereon for a term of five (5) years from the date of this patent.

    31. In fact, the twenty (20) meter width limit was increased to sixty (60) meters by P. D. 635, Section 1.

    32. Article III, Section 9, Constitution. See also Heirs of Alberto Suguitan v. City of Mandaluyong, G. R No. 123215, March 14, 2000.

    33. Islamic Directorate of the Philippines v. Court of Appeals, 272 SCRA 454 (1997).

    34. Legarda v. Court of Appeals, 280 SCRA 642 (1997); Secuya v. de Selma, G.R No. 13602, February 22, 2000.

    G.R. No. 114348   September 20, 2000 - NATIONAL IRRIGATION ADMINISTRATION v. COURT OF APPEALS, ET AL.


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