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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
 

   
August-2001 Jurisprudence                 

  • G.R. No. 126899 August 2, 2001 - PEOPLE OF THE PHIL. v. FELICITO T. BARBOSA

  • G.R. No. 128137 August 2, 2001 - PEOPLE OF THE PHIL. v. MARIO HAMTO

  • G.R. No. 131203 August 2, 2001 - PEOPLE OF THE PHIL. v. GUILLERMO CARIÑO

  • G.R. No. 137473 August 2, 2001 - ESTELITO V. REMOLONA v. CSC

  • G.R. Nos. 141702-03 August 2, 2001 - CATHAY PACIFIC AIRWAYS v. NLRC, ET AL.

  • G.R. Nos. 128816 & 139979-80 August 8, 2001 - PEOPLE OF THE PHIL. v. ALFREDO P. CABILTO, ET AL.

  • G.R. No. 131817 August 8, 2001 - PEOPLE OF THE PHIL. v. DANTE L. DOMINGO

  • G.R. Nos. 133791-94 August 8, 2001 - PEOPLE OF THE PHIL. v. CORNELIO SUPNAD

  • G.R. No. 135065 August 8, 2001 - PEOPLE OF THE PHIL. v. BENNY CABANGCALA, ET AL.

  • Adm. Case No. 4982 August 9, 2001 - KATRINA JOAQUIN CARIÑO v. ARTURO DE LOS REYES

  • A.M. No. 01-2-47-RTC August 9, 2001 - RE: JUDGE GUILLERMO L. LOJA,

  • A.M. No. MTJ-01-1365 August 9, 2001 - CESINA EBALLA v. ESTRELLITA M. PAAS, ET AL.

  • Adm. Matter No. P-01-1495 August 9, 2001 - ESMERALDO D. VISITACION v. GREDAM P. EDIZA

  • A.M. No. RTJ-99-1506 August 9, 2001 - JOSEFINA MERONTOS Vda. de SAYSON v. OSCAR E. ZERNA

  • A.M. No. P-01-1489 August 9, 2001 - CATALINO BAUTISTA, ET AL. v. AMELITA O. MENDOZA

  • G.R. No. 110740 August 9, 2001 - NDC-GUTHRIE PLANTATIONS, ET AL. v. NLRC, ET AL.

  • G.R. No. 112485 August 9, 2001 - EMILIA MANZANO v. MIGUEL PEREZ SR., ET AL.

  • G.R. No. 129209 August 9, 2001 - PEOPLE OF THE PHIL. v. JESEMIEL MOSQUERRA, ET AL.

  • G.R. No. 134565 August 9, 2001 - PEOPLE OF THE PHIL v. LUDIVINO MIANA, ET AL.

  • G.R. Nos. 138472-73 August 9, 2001 - PEOPLE OF THE PHIL. v. NOEL PADILLA

  • G.R. No. 138964 August 9, 2001 - VICENTE RELLOSA, ET AL. v. GONZALO PELLOSIS, ET AL.

  • G.R. No. 139411 August 9, 2001 - PEOPLE OF THE PHIL. v. AGAPITO TORALBA

  • G.R. No. 139532 August 9, 2001 - REGAL FILMS v. GABRIEL CONCEPCION

  • G.R. No. 139665 August 9, 2001 - MA. VILMA S. LABAD v. UNIVERSITY OF SOUTHEASTERN PHIL., ET AL.

  • G.R. No. 140347 August 9, 2001 - PEOPLE OF THE PHIL. v. ROLANDO OLITA

  • G.R. No. 142546 August 9, 2001 - ANASTACIO FABELA, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 142838 August 9, 2001 - ABELARDO B. LICAROS v. ANTONIO P. GATMAITAN

  • G.R. No. 143881 August 9, 2001 - DANILO EVANGELISTA v. PEDRO SISTOZA, ET AL.

  • G.R. No. 143949 August 9, 2001 - ATCI OVERSEAS CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 144089 August 9, 2001 - CONCORDE HOTEL v. COURT OF APPEALS, ET AL.

  • G.R. No. 126480 August 10, 2001 - MARIA TIN v. PEOPLE OF THE PHIL.

  • G.R. No. 129162 August 10, 2001 - PEOPLE OF THE PHIL. v. WILLY FIGURACION, ET AL.

  • G.R. No. 130998 August 10, 2001 - MARUBENI CORP. ET AL. v. FELIX LIRAG

  • G.R. Nos. 137934 & 137936 August 10, 2001 - BATANGAS LAGUNA TAYABAS BUS COMPANY, ET AL. v. BENJAMIN M. BITANGA. ET AL.

  • G.R. No. 143673 August 10, 2001 - CONRADO TUAZON, ET AL. v. ERNESTO GARILAO, ET AL.

  • G.R. No. 144708 August 10, 2001 - RAFAEL ALBANO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 146724 August 10, 2001 - GIL TAROJA VILLOTA v. COMELEC, ET AL.

  • G.R. No. 136266 August 13, 2001 - EUTIQUIO A. PELIGRINO v. PEOPLE OF THE PHIL.

  • A.M. No. RTJ-01-1612 August 14, 2001 - MARCO FRANCISCO SEVILLEJA v. ANTONIO N. LAGGUI

  • A.M. No. P-00-1438 August 14, 2001 - JUNN F. FLORES v. ROGER S. CONANAN

  • G.R. No. 135482 August 14, 2001 - ORLANDO SALVADOR v. ANIANO A. DESIERTO, ET AL.

  • G.R. No. 136192 August 14, 2001 - PRESIDENTIAL AD HOC FACT-FINDING COMMITTEE ON BEHEST LOANS v. ANIANO DESIERTO, ET AL.

  • G.R. No. 141617 August 14, 2001 - ADALIA B. FRANCISCO and MERRYLAND DEVELOPMENT CORPORATION v. RITA C. MEJIA

  • G.R. No. 142276 August 14, 2001 - FLORENTINO GO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142662 August 14, 2001 - PEOPLE OF THE PHIL. v. JERRY FERRER

  • A.C. No. 5486 August 15, 2001 - IN RE: ATTY. DAVID BRIONES.

  • A.M. RTJ No. 89-403 August 15, 2001 - MOLINTO D. PAGAYAO v. FAUSTO H. IMBING

  • A.M. No. 96-9-332-RTC August 15, 2001 - DIRECTOR, PNP NARCOTICS COMMAND v. JAIME N. SALAZAR

  • A.M. No. P-99-1311 August 15, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. ALBERTO V. GARONG

  • G.R. Nos. 113822-23 August 15, 2001 - PEOPLE OF THE PHIL. v. RAUL L. PABLO, ET AL.

  • G.R. No. 118492 August 15, 2001 - GREGORIO H. REYES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 120468 August 15, 2001 - PEOPLE OF THE PHIL. v. LOPE B. LIWANAG, ET AL.

  • G.R. No. 128177 August 15, 2001 - ROMAN SORIANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 129295 August 15, 2001 - PEOPLE OF THE PHIL. v. EDWIN MORIAL, ET AL.

  • G.R. No. 129598 August 15, 2001 - PNB MADECOR v. GERARDO C. UY

  • G.R. No. 130360 August 15, 2001 - WILSON ONG CHING KIAN CHUAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 136834 August 15, 2001 - FELIX SENDON, ET AL. v. FRATERNIDAD O. RUIZ, ET AL.

  • G.R. No. 137271 August 15, 2001 - PEOPLE OF THE PHIL v. REYNALDO CORRE JR., ET AL.

  • G.R. No. 137509 August 15, 2001 - PEVET ADALID FELIZARDO, ET AL v. SIEGFREDO FERNANDEZ

  • G.R. Nos. 137969-71 August 15, 2001 - PEOPLE OF THE PHIL v. RAFAEL SALALIMA

  • G.R. No. 139337 August 15, 2001 - MA. CARMINIA C. ROXAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 139420 August 15, 2001 - ROBERTO R. SERRANO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 140900 & 140911 August 15, 2001 - PEOPLE OF THE PHIL. v. RODERICK LICAYAN, ET AL.

  • G.R. No. 143340 August 15, 2001 - LILIBETH SUNGA-CHAN, ET AL v. LAMBERTO T. CHUA

  • G.R. No. 144813 August 15, 2001 - GOLD LINE TRANSIT v. LUISA RAMOS

  • G.R. No. 147270 August 15, 2001 - IN RE: PETE C. LAGRAN

  • A.M. No. RTJ-00-1565 August 16, 2001 - FEDERICO S. BERNARDO v. PATERNO G. TIAMSON

  • G.R. No. 119900 August 16, 2001 - SUNNY MOTORS SALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 121897 August 16, 2001 - PEOPLE OF THE PHIL. v. GIL TEMPLA, ET AL.

  • G.R. No. 126200 August 16, 2001 - DEV’T. BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126926 August 16, 2001 - RAMON P. ARON v. COURT OF APPEALS, ET AL.

  • G.R. No. 127543 August 16, 2001 - INTERNATIONAL PIPES, ET AL. v. F. F. CRUZ & CO.

  • G.R. No. 132155 August 16, 2001 - ARAS-ASAN TIMBER CO. v. COMMISSIONER OF INTERNAL REVENUE, ET AL.

  • G.R. No. 134292 August 16, 2001 - PEOPLE OF THE PHIL. v. FRANCO MORALES

  • G.R. No. 136365 August 16, 2001 - ENRIQUE R. CAMACHO, ET AL. v. PHIL. NAT’L. BANK, ET AL.

  • G.R. No. 136780 August 16, 2001 - JEANETTE D. MOLINO v. SECURITY DINERS INTERNATIONAL CORP.

  • A.M. No. RTJ-00-1597 August 20, 2001 - WILSON ANDRES v. ORLANDO D. BELTRAN

  • A.M. No. RTJ-94-1131 August 20, 2001 - MIGUEL ARGEL v. HERMINIA M. PASCUA

  • G.R. No. 110055 August 20, 2001 - ASUNCION SAN JUAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 111685 August 20, 2001 - DAVAO LIGHT & POWER CO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 131866 August 20, 2001 - PEOPLE OF THE PHIL. v. CARLOS DOCTOLERO

  • G.R. No. 132174 August 20, 2001 - GUALBERTO CASTRO v. RICARDO GLORIA

  • G.R. No. 132684 August 20, 2001 - HERNANI N. FABIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 134718 August 20, 2001 - ROMANA INGJUGTIRO v. LEON V. CASALS, ET AL.

  • G.R. No. 142401 August 20, 2001 - ANDREW TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 137299 August 21, 2001 - PEOPLE OF THE PHIL. v. FRANCISCO NANAS

  • G.R. No. 138869 August 21, 2001 - DAVID SO v. COURT OF APPEALS, ET AL.

  • G.R. No. 140519 August 21, 2001 - PHIL. RETIREMENT AUTHORITY v. THELMA RUPA

  • G.R. No. 130817 August 22, 2001 - PRESIDENTIAL AD HOC FACT-FINDING COMMITTEE ON BEHEST LOANS v. ANIANO A. DESIERTO, ET AL.

  • G.R. No. 138403 August 22, 2001 - PEOPLE OF THE PHIL. v. ROLLY C. ABULENCIA

  • G.R. Nos. 141712-13 August 22, 2001 - PEOPLE OF THE PHIL. v. EDMUNDO M. BOHOL

  • G.R. No. 143867 August 22, 2001 - PLDT v. CITY OF DAVAO, ET AL.

  • G.R. No. 128628 August 23, 2001 - ILDEFONSO SAMALA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 133749 August 23, 2001 - HERNANDO R. PEÑALOSA v. SEVERINO C. SANTOS

  • G.R. No. 133789 August 23, 2001 - PEOPLE OF THE PHIL. v. EDUARDO P. CHUA, ET AL.

  • G.R. No. 136506 August 23, 2001 - REPUBLIC OF THE PHIL. v. ANIANO A. DESIERTO, ET AL.

  • G.R. Nos. 137199-230 August 23, 2001 - PEOPLE OF THE PHIL. v. GEORGE J. ALAY-AY

  • G.R. No. 137842 August 23, 2001 - PEOPLE OF THE PHIL. v. DANILO H. CATUBIG

  • G.R. No. 138588 August 23, 2001 - FAR EAST BANK & TRUST COMPANY v. DIAZ REALTY INC.

  • G.R. No. 138022 August 23, 2001 - PEOPLE OF THE PHIL. v. PEDRO A. FRANCISCO

  • G.R. No. 144142 August 23, 2001 - YOLANDA AGUIRRE v. PEOPLE OF THE PHIL.

  • G.R. Nos. 138298 & 138982 August 24, 2001 - RAOUL B. DEL MAR v. PAGCOR, ET AL.

  • G.R. No. 131609 August 27, 2001 - PEOPLE OF THE PHIL. v. BONIFACIO PUERTA

  • A.M. No. RTJ-00-1571 August 28, 2001 - JESUS GUILLAS v. RENATO D. MUÑEZ

  • A.M. No. RTJ-01-1645 August 28, 2001 - VICTORINO S. SIANGHIO, JR. v. BIENVENIDO L. REYES

  • A.M. No. RTJ-01-1626 August 28, 2001 - JOSELITO D. FRANI v. ERNESTO P. PAGAYATAN

  • G.R. Nos. 100633 & 101550 August 28, 2001 - SOCORRO ABELLA SORIANO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 114118 August 28, 2001 - SIMEON BORLADO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 125728 August 28, 2001 - MARIA ALVAREZ VDA. DE DELGADO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 129960 August 28, 2001 - PEOPLE OF THE PHIL. v. PEDRO CARIÑO

  • G.R. No. 131175 August 28, 2001 - JOVITO VALENZUELA, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 133056 August 28, 2001 - FACUNDO T. BAUTISTA v. PUYAT VINYL PRODUCTS

  • G.R. No. 140812 August 28, 2001 - CANDIDO ALFARO v. COURT OF APPEALS, ET AL.

  • G.R. No. 143256 August 28, 2001 - RODOLFO FERNANDEZ, ET AL. v. ROMEO FERNANDEZ, ET AL.

  • G.R. No. 144653 August 28, 2001 - BANK OF THE PHIL. ISLANDS v. COMMISSIONER OF INTERNAL REVENUE

  • A.M. No. P-00-1415-MeTC August 30, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. TERESITA Q. ORBIGO-MARCELO

  • G.R. No. 111709 August 30, 2001 - PEOPLE OF THE PHIL. v. ROGER P. TULIN, ET AL.

  • G.R. No. 119811 August 30, 2001 - SOCORRO S. TORRES, ET AL. v. DEODORO J. SISON, ET AL.

  • G.R. No. 123980 August 30, 2001 - PEOPLE OF THE PHIL. v. MANUEL CALIMLIM

  • G.R. No. 127905 August 30, 2001 - PEOPLE OF THE PHIL. v. DANILO REMUDO

  • G.R. No. 129093 August 30, 2001 - JOSE D. LINA, ET AL. v. FRANCISCO DIZON PAÑO, ET AL.

  • G.R. No. 133113 August 30, 2001 - EDGAR H. ARREZA v. MONTANO M. DIAZ

  • G.R. No. 136280 August 30, 2001 - ORCHARD REALTY and DEV’T CORP. v. REPUBLIC OF THE PHIL, ET AL.

  • G.R. No. 139083 August 30, 2001 - FLORENCIA PARIS v. DIONISIO A. ALFECHE

  • G.R. No. 140229 August 30, 2001 - PEOPLE OF THE PHIL. v. HENRY BALMOJA

  • G.R. No. 140995 August 30, 2001 - PEOPLE OF THE PHIL. v. DANILO M. REGALA

  • G.R. No. 141128 August 30, 2001 - PEOPLE OF THE PHIL. v. ORPIANO DELOS SANTOS

  • G.R. No. 141283 August 30, 2001 - SEGOVIA DEVELOPMENT CORP. v. J.L. DUMATOL REALTY

  • G.R. No. 144442 August 30, 2001 - JESUS SALVATIERRA v. THE PEOPLE OF THE PHILIPPINES

  • A. M. No. 00-7-299-RTC August 31, 2001 - REQUEST FOR CONSOLIDATION OF CIVIL CASE NO. R-1692 RTC BR. 45

  • A.M. No. 00-8-03-SB August 31, 2001 - RE: UNNUMBERED RESOLUTION OF THE SANDIGANBAYAN RE ACQUISITION OF THREE [3] MOTOR VEHICLES FOR OFFICIAL USE OF JUSTICES

  • A.M. No. P-99-1316 August 31, 2001 - KENNETH S. NEELAND v. ILDEFONSO M. VILLANUEVA

  • G.R. Nos. 132548-49 August 31, 2001 - PEOPLE OF THE PHILIPPINES v. ALEJO MIASCO

  • G.R. No. 141211 August 31, 2001 - CITY WARDEN OF THE MANILA CITY JAIL v. RAYMOND S. ESTRELLA, ET AL.

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    G.R. No. 136280   August 30, 2001 - ORCHARD REALTY and DEV’T CORP. v. REPUBLIC OF THE PHIL, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 136280. August 30, 2001.]

    ORCHARD REALTY and DEVELOPMENT CORPORATION, Petitioner, v. REPUBLIC OF THE PHILIPPINES and COURT OF APPEALS, Respondents.

    D E C I S I O N


    KAPUNAN, J.:


    Petitioner Orchard Realty and Development Corporation seeks the reversal of the decision of the Court of Appeals dated March 31, 1998 which set aside the judgment of the Regional Trial Court of Cavite granting petitioner’s application for registration of a parcel of land, and the resolution of said appellate court dated November 10, 1998 denying petitioner’s motion for reconsideration.chanrob1es virtua1 1aw 1ibrary

    The antecedents are as follows:chanrob1es virtual 1aw library

    On February 8, 1994, petitioner filed an application for registration of a parcel of land situated in Barangay Tolentino, Tagaytay City with an area of fifty-one thousand forty-six (51,046) square meters. Petitioner allegedly acquired the same from Erlinda M. Jiongco, Ricardo B. Mercado, Olivia M. Valenzuela and Eduardo B. Mercado sometime in 1993 and that petitioner and its predecessors-in-interest had acquired the land publicly, continuously and adversely in the concept of owner since time immemorial. The petition was filed with the Regional Trial Court of Cavite in Tagaytay City, Branch XVIII and was docketed as LRC No. TG-502.

    On June 23, 1994, respondent Republic of the Philippines filed its opposition thereto alleging, among other things, that the applicant and its predecessors-in-interest had not been in possession of the subject lot since June 12, 1945 or earlier.chanrob1es virtua1 1aw 1ibrary

    On December 9, 1994, the trial court rendered a decision approving the application for registration, the decretal portion of which reads as follows:chanrob1es virtual 1aw library

    WHEREFORE, this Court hereby approves this application for registration and thus places the operation of Act 141, Act 496 and/or P.D. 1529, otherwise known as Property Registration Law, the land described in Plan Psd-04-050303 and containing an area of Fifty One Thousand Forty Six (51,046) square meters, as supported by its respective technical description now forming part of the record of this case, in addition to other proofs adduced in the name of ORCHARD REALTY and DEVELOPMENT CORPORATION, with business address at No. 510, Quezon Blvd., Quiapo, Metro Manila.

    One (sic) this Decision becomes final and executory, the corresponding decree of registration shall forthwith issue.

    SO ORDERED. 1

    On January 4, 1995, respondent appealed the decision to the Court of Appeals.

    On September 14, 1995, petitioner filed with the Court of Appeals a motion praying that the case be remanded to the court of origin to enable it to present additional evidence.

    On January 18, 1996, respondent filed its appellant’s brief.

    On January 29, 1996, respondent filed its opposition to petitioner’s motion arguing that Rule 37 and Rule 53 of the Rules of Court do not mandate the remanding of the case.

    On February 6, 1996, petitioner’s motion for reception of further evidence was granted by the Court of Appeals. Accordingly, on March 26, 1996, said court issued another resolution ordering the remanding of the case to the trial court for reception of additional evidence "in the interest of justice." chanrob1es virtua1 1aw 1ibrary

    Consequently, on August 23, 1996, petitioner submitted its additional evidence. On September 3, 1996, it made its formal offer of additional evidence. On March 11, 1997, the additional evidence was submitted to the Court of Appeals.

    On October 1, 1997, petitioner filed its appellee’s brief.

    On March 31, 1998, the Court of Appeals rendered a decision reversing the decision of the trial court on the ground that the parcel of land sought to be registered is already titled to Rosita Belarmino under Original Certificate of Title No. OP-760. The dispositive portion reads:chanrob1es virtual 1aw library

    WHEREFORE, the Judgment of the lower court dated December 9, 1994 is REVERSED AND SET ASIDE and LRC No. TG-502 is dismissed.

    Costs against the appellee.

    SO ORDERED. 2

    In reversing the trial court’s decision, the Court of Appeals ratiocinated:chanrob1es virtual 1aw library

    The subject matter of this application for registration is Lot 4020-D of the subdivision plan Psd-04-050303 consisting of 51,046 sq.m. which appears to be a portion of Lot 4020, Cad. 355 of the Tagaytay Cadastre consisting of a larger area of 85,216 sq.m. as shown in the subdivision plan and the technical description of the land. Lot 4020 has been previously titled in the name of Rosita Belarmino in 1986 under O.C.T. No. OP-760. This is borne out by the Report submitted by the Land Registration Authority dated July 19, 1994 (p. 40 of Records) and by a copy of O.C.T. No. OP-760 dated July 20, 1986 in the name of Rosita Belarmino which also forms part of the records of this case (p. 45). Lot No. 4029 appears to have been subdivided on September 13, 1991 into several parcels, among which is Lot 4020-D.chanrob1es virtua1 1aw 1ibrary

    The appellee contends that O.C.T. No. OP-760 is null and void ab initio and its issuance was not pursuant to C.A. No. 141, as amended. It further contends that Rosita Belarmino and her successors-in-interest never acknowledged or attempted to enforce any right under said title and have waived any objection to the cancellation thereof. In fact, appellee acknowledges that there is at present pending before the Regional Trial Court of Tagaytay City a case for cancellation of the title (Civil Case No. TG-1740) filed by the Republic of the Philippines and the applicant has expressed no objection to such cancellation and acknowledged that said free patent title is invalid.

    It is at once apparent that the applicant admits that the property is part of the bigger parcel which has been titled under O.C.T. No. OP-760 in the name of its predecessor-in-interest Rosita Belarmino by virtue of Free Patent No. 023382. The said title is in fact the subject of cancellation proceedings allegedly initiated by the Republic. It follows that unless and until O.C.T. No. OP-760 is cancelled and declared invalid it remains subsisting and this application for original registration of a portion thereof cannot as yet be entertained.

    A Torrens Title issued on the basis of a free patent becomes as indefeasible as one which was judicially secured upon the expiration of one year from the date of issuance of patent as provided in P.D. No. 1529, par. 32 formerly Act No. 496, par. 38) although the State may still bring an action under the Public Land Act for the reversion to the public domain of lands which have been fraudulently granted to private individuals (Republic v. Court of Appeals, 255 SCRA 335; see also Cagayan de Oro City Landless Residents Asso., Inc. v. Court of Appeals, 254 SCRA 220).

    On this basis alone, we find that the lower court erred in approving the application for registration of a parcel of land which is part of land already registered under O.C.T. No. OP-760, and which registration has not been set aside as of the date this application was filed.cralaw : red

    We find no need to discuss the other assigned errors. An evaluation of whether or not the evidence sufficiently sustains the application is immaterial in this case. 3

    On April 15, 1998, petitioner filed its motion for reconsideration of said decision with motion to admit as additional evidence the Decision dated January 13, 1998 of the Regional Trial Court of Cavite in Tagaytay City, Branch XVIII (the same court which heard the instant case) in Civil Case No. TG-1740 entitled "Republic of the Philippines represented by the Director of the Lands Management Bureau, plaintiff, versus Rosita Belarmino, Et Al., Defendants." The said decision declared as null and void ab initio Free Patent No. 023382 and corresponding Original Certificate of Title No. OP-760 issued in the name of Rosita Belarmino and all titles derived therefrom, giving as grounds therefor the following:chanrob1es virtual 1aw library

    After a review of the records of this case as well as the judicial admission of the parties as borne by their respective pleadings, it definitely appears that defendant Rosita Belarmino’s (deceased) lawful successors-in-interests have validly moved to intervene in this case. And, in the capacity as "plaintiff-intervenor," interposing no objection to the Complaint, and joining the plaintiff in seeking cancellation of Free Patent No. 023382 as well as the corresponding OCT No. OP-760.

    Moreover, considering that the findings of the Director of Lands Management Bureau in its investigation in the matter of issuance of subject patent and certificate of title was previously admitted by plaintiff-intervenors in their motion, this Court holds the integrity of the aforementioned finding which consequently established that —

    "a) Pursuant to Section 107 of Commonwealth Act 141, as amended by Batas Pambansa 878 enacted on July 9, 1985, it is only the Undersecretary of Environment and Natural Resources who is empowered to is free patents for parcels of land covering an area of more than six (6) hectares. Thus, the (issuing officer) Rosendo Arcena clearly had no authority to issue Free Patent No. 023382 for he was not then the District Land Officer of Cavite and said Free Patent covers a parcel of land with an area of 8.5216 hectares;

    b) The last patent number issued by the DENR-CENRO in Cavite, per certification dated July 20, 1992 of its Chief Record Officer Edelvira Ong, is 023306. Hence, Free Patent No. 023382 issued in the name of defendant Belarmino is null and void;chanrob1es virtua1 1aw 1ibrary

    c) The Judicial Form (SN No. 235876) used by Rosendo Arcena in issuing Free Patent No. 023382 for Lot No. 4020, Cad-355, in the name of defendant Belarmino was one of the 400 pieces of judicial forms he requisitioned from the Land Utilization Division (LUDD) of the Lands Management Bureau on October 4, 1990 when he was then assigned as CENRO in Batangas City;

    d) Free Patent No. 023382 . . . issuance involved a one-man operation wherein the issuing officer, Rosendo Arcena, of the Free Patent was also the certifying officer of the technical description of the land covered by said patent."cralaw virtua1aw library

    Verily, Free Patent No. 023382 and the corresponding OCT No. OP-760, both in the name of defendant Rosita Belarmino, are null and void ab initio. 4

    The dispositive portion of the decision states:chanrob1es virtual 1aw library

    WHEREFORE, in view of the foregoing, the Court hereby renders judgment —

    1. Declaring Free Patent No. 023382 and the corresponding Original Certificate of Title No. OP-760 in the name of defendant Belarmino, and its derivative titles as well, to be null and void ab initio;

    2. Directing defendant Belarmino to surrender her owner’s copies of said patent patent and certificate of title to defendant Register of Deeds of Tagaytay City;

    3. Directing defendant Register of Deeds to cancel said patent and certificate of title, as well as other derivative certificates of title emanating therefrom, if any;

    4. Ordering the reversion of Lot No. 4020, Cad-355, As-726, covered by the questioned patent and certificate of title to the mass of the public domain pursuant to Section 101 of the Public Land Act.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED. 5

    The above decision became final and executory as no appeal was taken therefrom. 6

    On November 10, 1998, the Court of Appeals denied the motion for reconsideration reasoning, thusly:chanrob1es virtual 1aw library

    The applicant-appellee Orchard Realty and Development Corporation has filed a Motion for Reconsideration with Motion to Admit Additional Evidence. It states that on January 13, 1998 O.C.T. No. OP-760 has been declared null and void by the Regional Trial Court of Tagaytay City.

    Our decision in this case was rendered on March 31, 1998. Applicant-appellee should have introduced the evidence of the cancellation of OCT No. OP-760 after it received the decision, and not waited until we have resolved the appeal before coming up with "newly discovered evidence" .

    Furthermore, as the Solicitor General points out, even with the cancellation of OCT No. OP-760 the applicant failed to establish all the requirements prescribed by law for registration of its title to the land in question under the Torrens System.

    Moreover, let it be pointed out that in the Decision of the Regional Trial Court of Tagaytay City the land formerly covered by OCT No. OP-760 was ordered reverted "to the mass of the public domain pursuant to Section 101 of the Public Land Act. 7"

    Hence, the instant petition alleging that the Court of Appeals erred in: (a) ruling that the petitioner can no longer register the subject parcel of land because it is already registered in the name of Rosita Belarmino; and (b) disallowing petitioner to present additional evidence to show that said previous registration of the subject parcel of land was subsequently declared null and void ab initio by a competent court.

    The petition is devoid of merit.chanrob1es virtua1 1aw 1ibrary

    Petitioner’s application for registration of title filed on February 8, 1994 was invalid because the property applied for formed part of a bigger land then covered by OCT No. OP-760 issued in 1986 and its derivative titles albeit those titles were nullified by the decision dated January 13, 1998 of the RTC of Tagaytay City in Civil Case No. TG-1740.

    A land covered by a title which is outstanding cannot be subject of an application for registration unless the existing title which has become indefeasible is first nullified by a proper court proceeding, which was precisely resorted to in this case by the Solicitor General when he filed an action for reversion of OCT No. OP-760 and the subsequent titles derived therefrom under Section 101 of the Public Land Act which reads:chanrob1es virtual 1aw library

    SECTION 101. All actions for the reversion to the Government of lands of the public domain or improvements thereon shall be instituted by the Solicitor-General or the officer acting in his stead, in the proper courts, in the name of the Commonwealth of the Philippines.

    The land in question being already covered by a torrens title at the time petitioner filed its application, the trial court did not have jurisdiction to grant the same and order the issuance of another title covering the same property.

    Section 14 of Presidential Decree No. 1529, otherwise known as the "Property Registration Decree" (which took effect on June 11, 1978) provides:chanrob1es virtual 1aw library

    SECTION 14. Who may apply. — The following persons may file in the proper Court of First Instance an application for registration of title to land, whether personally or through their duly authorized representatives:chanrob1es virtual 1aw library

    (1) Those who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier.

    (2) Those who have acquired ownership of private lands by prescription under the provisions of existing laws.

    (3) Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws.

    (4) Those who have acquired ownership of land in any other manner provided for by law.

    Where the land is owned in common, all the co-owners shall file the application jointly.chanrob1es virtua1 1aw 1ibrary

    Where the land has been sold under pacto de retro, the vendor a retro may file an application for the original registration of the land, provided, however, that should the period for redemption expire during the pendency of the registration proceedings and ownership to the property consolidated in the vendee a retro, the latter shall be substituted for the applicant and may continue the proceedings.

    A trustee on behalf of his principal may apply for original registration of any land held in trust by him, unless prohibited by the instrument creating the trust.

    The basis of petitioner’s application for registration is paragraph (1) of the above section as stated in paragraphs 3 and 5 of its application, to wit:chanrob1es virtual 1aw library

    (3) That the subject parcel of land was acquired by the applicant by purchase, and have been since then, in continuous, uninterrupted, open, public, adverse and in the concept of an owner possession thereof up to the present.

    x       x       x


    (5) Applicant’s predecessor-in-interest have been since time immemorial, in continuous, public, open, uninterrupted possession of the subject parcel of land for more than thirty (30) years now.

    x       x       x


    The parcel of land applied for by petitioner having been already acquired through free patent in the name of Rosita Belarmino, with the corresponding original certificate of title having been issued to her at the time of the filing of petitioner’s application for registration, the land had ceased to be alienable and disposable and, therefore, could not have been acquired by petitioner by continuous, open and public possession under a concept of an owner within the contemplation of Section 14 (1) of P.D. 1529. As already pointed out, the proper procedure was to have Rosita Belarmino’s title annulled first in order to prevent proliferation of titles over the same piece of land and safeguard the integrity of the Torrens system of registration.chanrob1es virtua1 1aw 1ibrary

    Finally, the dispositive portion of the decision of the RTC of Tagaytay in Civil Case No. TG-1740 ordered the reversion of land covered by OCT No. OP-760 and its derivative titles to the mass of public domain. The legal effect of this decision is to revert the property to the alienable and disposable land of the public domain to be disposed of under the Public Land Act.

    WHEREFORE, the instant petition is hereby DENIED.

    SO ORDERED.

    Davide, Jr., C.J., Puno, Pardo and Ynares-Santiago, JJ., concur.

    Endnotes:



    1. Rollo, p. 318; Records, p. 118.

    2. Rollo, p. 32.

    3. Id., at 30-32.

    4. Id., at 43.

    5. Id., at 44.

    6. Id., at 45.

    7. Id., at 34-35.

    G.R. No. 136280   August 30, 2001 - ORCHARD REALTY and DEV’T CORP. v. REPUBLIC OF THE PHIL, ET AL.


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