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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
 

   
March-2001 Jurisprudence                 

  • A.M. No. MTJ-00-1279 March 1, 2001 - ALICIA GONZALES-DECANO v. ORLANDO ANA F. SIAPNO

  • A.M. No. MTJ-00-1282 March 1, 2001 - SOFRONIO DAYOT v. RODOLFO B. GARCIA

  • G.R. No. 112092 March 1, 2001 - PEOPLE OF THE PHIL. v. ROBERT NUÑEZ

  • G.R. No. 123069 March 1, 2001 - PEOPLE OF THE PHIL. v. PEDRO SASPA, ET AL.

  • G.R. No. 126019 March 1, 2001 - PEOPLE OF THE PHIL. v. MARIO CALDONA

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  • G.R. No. 134330 March 1, 2001 - ENRIQUE M. BELO, ET AL. v. PHIL. NATIONAL BANK, ET AL.

  • G.R. Nos. 135667-70 March 1, 2001 - PEOPLE OF THE PHIL. v. JESSIE VENTURA COLLADO

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  • G.R. No. 140511 March 1, 2001 - PEOPLE OF THE PHIL. v. BALTAZAR AMION

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  • G.R. No. 142527 March 1, 2001 - ARSENIO ALVAREZ v. COMELEC, ET AL.

  • G.R. No. 144678 March 1, 2001 - JAVIER E. ZACATE v. COMELEC, ET AL.

  • G.R. Nos. 146710-15 & 146738 March 2, 2001 - JOSEPH E. ESTRADA v. ANIANO DESIERTO, ET AL.

  • G.R. No. 113236 March 5, 2001 - FIRESTONE TIRE & RUBBER COMPANY OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 113265 March 5, 2001 - PEOPLE OF THE PHIL. v. MANUEL PEREZ

  • G.R. No. 118680 March 5, 2001 - MARIA ELENA RODRIGUEZ PEDROSA v. COURT OF APPEALS, ET AL.

  • G.R. No. 123788 March 5, 2001 - DOMINADOR DE GUZMAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 124686 March 5, 2001 - PEOPLE OF THE PHIL. v. ROQUE ELLADO

  • G.R. No. 127158 March 5, 2001 - PEOPLE OF THE PHIL. v. JULIO HERIDA, ET AL.

  • G.R. No. 132353 March 5, 2001 - PEOPLE OF THE PHIL. v. ALFREDO IBO

  • G.R. No. 126557 March 6, 2001 - RAMON ALBERT v. CELSO D. GANGAN

  • G.R. No. 138646 March 6, 2001 - PEOPLE OF THE PHIL. v. JOMER CABANSAY

  • G.R. No. 139518 March 6, 2001 - EVANGELINE L. PUZON v. STA. LUCIA REALTY AND DEVELOPMENT

  • G.R. Nos. 140249 & 140363 March 6, 2001 - DANILO S. YAP v. COURT OF APPEALS, ET AL.

  • G.R. No. 140884 March 6, 2001 - GELACIO P. GEMENTIZA v. COMELEC, ET AL.

  • G.R. No. 143823 March 6, 2001 - JENNIFER ABRAHAM v. NLRC, ET AL.

  • G.R. No. 126168 March 7, 2001 - PEOPLE OF THE PHIL. v. ANTONIO SAMUDIO

  • G.R. No. 129594 March 7, 2001 - PEOPLE OF THE PHIL. v. JUNNIFER LAURENTE

  • G.R. No. 135945 March 7, 2001 - UNITED RESIDENTS OF DOMINICAN HILL v. COMM. ON THE SETTLEMENT OF LAND PROBLEMS

  • G.R. No. 136173 March 7, 2001 - PEOPLE OF THE PHIL. v. ERNESTO ICALLA

  • G.R. Nos. 137481-83 & 138455 March 7, 2001 - PEOPLE OF THE PHIL. v. CONRADO SALADINO

  • G.R. Nos. 139962-66 March 7, 2001 - PEOPLE OF THE PHIL. v. EUGENIO MANGOMPIT

  • A.M. No. MTJ-00-1297 March 7, 2001 - JOSEFINA BANGCO v. RODOLFO S. GATDULA

  • A.M. No. MTJ-00-1329 March 8, 2001 - HERMINIA BORJA-MANZANO v. ROQUE R SANCHEZ

  • G.R. No. 122611 March 8, 2001 - NAPOLEON H. GONZALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 125901 March 8, 2001 - EDGARDO A. TIJING, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130378 March 8, 2001 - PEOPLE OF THE PHIL. v. ARNEL MATARO, ET AL.

  • G.R. No. 134279 March 8, 2001 - PEOPLE OF THE PHIL. v. RICKY ROGER AUSTRIA

  • G.R. Nos. 135234-38 March 8, 2001 - PEOPLE OF THE PHIL. v. ALEJANDRO GUNTANG

  • G.R. No. 137649 March 8, 2001 - PEOPLE OF THE PHIL. v. RODOLFO VILLADARES

  • G.R. No. 138137 March 8, 2001 - PERLA S. ZULUETA v. ASIA BREWERY

  • G.R. No. 138774 March 8, 2001 - REGINA FRANCISCO, ET AL v. AIDA FRANCISCO-ALFONSO

  • G.R. No. 140479 March 8, 2001 - ROSENCOR DEVELOPMENT CORPORATION, ET AL. v. PATERNO INQUING, ET AL.

  • G.R. No. 140713 March 8, 2001 - ROSA YAP PARAS, ET AL. v. ISMAEL O. BALDADO

  • G.R. No. 112115 March 9, 2001 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 140619-24 March 9, 2001 - BENEDICTO E. KUIZON, ET AL. v. ANIANO A. DESIERTO

  • G.R. No. 126099 March 12, 2001 - ROBERTO MITO v. COURT OF APPEALS, ET AL.

  • G.R. No. 128372 March 12, 2001 - PEOPLE OF THE PHIL. v. REMEGIO DELA PEÑA

  • G.R. Nos. 130634-35 March 12, 2001 - PEOPLE OF THE PHIL. v. MANOLITO OYANIB

  • G.R. No. 131889 March 12, 2001 - VIRGINIA O. GOCHAN, ET AL. v. RICHARD G. YOUNG, ET AL.

  • G.R. No. 136738 March 12, 2001 - PEOPLE OF THE PHIL. v. EFREN VALEZ

  • G.R. No. 137306 March 12, 2001 - VIRGINIA AVISADO, ET AL. v. AMOR RUMBAUA, ET AL.

  • G.R. Nos. 140011-16 March 12, 2001 - PEOPLE OF THE PHIL. v. EUSTAQUIO MORATA

  • A.M. No. P-01-1464 March 13, 2001 - SALVADOR O. BOOC v. MALAYO B. BANTUAS

  • G.R. No. 103073 March 13, 2001 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 131530 March 13, 2001 - Y REALTY CORP. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 136594 March 13, 2001 - PEOPLE OF THE PHIL. v. JOEL CANIEZO

  • G.R. No. 139405 March 13, 2001 - PEOPLE OF THE PHIL. v. ARTURO F. PACIFICADOR

  • A.M. No. RTJ-00-1530 March 14, 2001 - EDGARDO ALDAY, ET AL. v. ESCOLASTICO U. CRUZ

  • G.R. Nos. 116001 & 123943 March 14, 2001 - PEOPLE OF THE PHIL. v. LUISITO GO

  • G.R. No. 130209 March 14, 2001 - PEOPLE OF THE PHIL. v. LARRY LAVAPIE, ET AL.

  • G.R. Nos. 130515 & 147090 March 14, 2001 - PEOPLE OF THE PHIL. v. ANSELMO BARING

  • G.R. Nos. 134451-52 March 14, 2001 - PEOPLE OF THE PHIL. v. REYNALDO FRETA

  • G.R. No. 137036 March 14, 2001 - PEOPLE OF THE PHIL. v. HERNANDO DE MESA, ET AL.

  • G.R. No. 138045 March 14, 2001 - PEOPLE OF THE PHIL. v. MARIETTA PATUNGAN, ET AL.

  • G.R. No. 139300 March 14, 2001 - AMIGO MANUFACTURING v. CLUETT PEABODY CO.

  • G.R. No. 102985 March 15, 2001 - RUBEN BRAGA CURAZA v. NLRC, ET AL.

  • G.R. No. 133480 March 15, 2001 - PEOPLE OF THE PHIL. v. FLORANTE AGUILUZ

  • G.R. Nos. 135201-02 March 15, 2001 - PEOPLE OF THE PHIL. v. FLORENCIO FRANCISCO

  • G.R. No. 141616 March 15, 2001 - CITY OF QUEZON v. LEXBER INCORPORATED

  • G.R. No. 116847 March 16, 2001 - MANUFACTURERS BUILDING v. COURT OF APPEALS, ET AL.

  • G.R. No. 128083 March 16, 2001 - PEOPLE OF THE PHIL. v. RODOLFO M. HILARIO

  • G.R. No. 128922 March 16, 2001 - ELEUTERIA B. ALIABO, ET AL. v. ROGELIO L. CARAMPATAN, ET AL.

  • G.R. No. 129070 March 16, 2001 - PEOPLE OF THE PHIL. v. NELLIE CABAIS

  • G.R. No. 131544 March 16, 2001 - EPG CONSTRUCTION CO., ET AL. v. GREGORIO R. VIGILAR

  • G.R. No. 135047 March 16, 2001 - PEOPLE OF THE PHIL. v. RICARDO CACHOLA, ET AL.

  • G.R. No. 137282 March 16, 2001 - PEOPLE OF THE PHIL. v. ALFREDO ALIPAR

  • G.R. Nos. 137753-56 March 16, 2001 - PEOPLE OF THE PHIL v. NILO ARDON

  • A.M. No. 01-1463 March 20, 2001 - EVELYN ACUÑA v. RODOLFO A. ALCANTARA

  • A.M. No. MTJ-00-1306 March 20, 2001 - ROBERT M. VISBAL v. RODOLFO C. RAMOS

  • A.M. No. P-97-1241 March 20, 2001 - DINNA CASTILLO v. ZENAIDA C. BUENCILLO

  • G.R. Nos. 105965-70 March 20, 2001 - GEORGE UY v. SANDIGANBAYAN, ET AL

  • G.R. No. 108991 March 20, 2001 - WILLIAM ALAIN MIAILHE v. COURT OF APPEALS, ET AL.

  • G.R. No. 130663 March 20, 2001 - PEOPLE OF THE PHIL v. ANGELES STA. TERESA

  • G.R. Nos. 136862-63 March 20, 2001 - PEOPLE OF THE PHIL. v. ROLANDO SANTOS

  • G.R. Nos. 139413-15 March 20, 2001 - PEOPLE OF THE PHIL. v. ENDRICO GALAS

  • G.R. No. 140356 March 20, 2001 - DOLORES FAJARDO v. COURT OF APPEALS, ET AL.

  • G.R. No. 140919 March 20, 2001 - PEOPLE OF THE PHIL. v. BUTCH BUCAO LEE

  • G.R. No. 142476 March 20, 2001 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN

  • G.R. No. 144074 March 20, 2001 - MEDINA INVESTIGATION & SECURITY CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127772 March 22, 2001 - ROBERTO P. ALMARIO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 133815-17 March 22, 2001 - PEOPLE OF THE PHIL. v. EDGARDO LIAD, ET AL.

  • G.R. No. 134972 March 22, 2001 - ERNESTO CATUNGAL, ET AL. v. DORIS HAO

  • A.M. No. P-01-1469 March 26, 2001 - ROEL O. PARAS v. MYRNA F. LOFRANCO

  • A.M. No. RTJ-01-1624 March 26, 2001 - REQUEST FOR ASSISTANCE RELATIVE TO SPECIAL PROCEEDINGS NO. 28

  • A.M. No. 99-731-RTJ March 26, 2001 - HILARIO DE GUZMAN v. DEODORO J. SISON

  • G.R. Nos. 102407-08 March 26, 2001 - PEOPLE OF THE PHIL. v. EDMUNDO LUCERO

  • G.R. No. 121608 March 26, 2001 - FLEISCHER COMPANY v. NLRC, ET AL.

  • G.R. No. 121902 March 26, 2001 - PEOPLE OF THE PHIL. v. WALTER MELENCION

  • G.R. No. 125865 March 26, 2001 - JEFFREY LIANG v. PEOPLE OF THE PHIL.

  • G.R. No. 129916 March 26, 2001 - MAGELLAN CAPITAL MNGT. CORP., ET AL. v. ROLANDO M. ZOSA, ET AL.

  • G.R. Nos. 131638-39 March 26, 2001 - PEOPLE OF THE PHIL. v. LORETO MEDENILLA

  • G.R. No. 131653 March 26, 2001 - ROBERTO GONZALES v. NLRC, ET AL

  • G.R. No. 133475 March 26, 2001 - PEOPLE OF THE PHIL. v. ERNESTO MONTEJO

  • G.R. No. 134903 March 26, 2001 - UNICRAFT INDUSTRIES INTERNATIONAL CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 136790 March 26, 2001 - PEOPLE OF THE PHIL. v. MANUEL GALVEZ

  • G.R. No. 137268 March 26, 2001 - PEOPLE OF THE PHIL. v. EUTIQUIA CARMEN, ET AL.

  • G.R. No. 137590 March 26, 2001 - FLORENCE MALCAMPO-SIN v. PHILIPP T. SIN

  • G.R. No. 137739 March 26, 2001 - ROBERTO B. TAN v. PHIL. BANKING CORP., ET AL.

  • G.R. No. 137889 March 26, 2001 - PEOPLE OF THE PHIL. v. ROMEO DELOS SANTOS

  • G.R. No. 142950 March 26, 2001 - EQUITABLE PCI BANK v. ROSITA KU

  • G.R. Nos. 147066 & 147179 March 26, 2001 - AKBAYAN - Youth, ET AL. v. COMELEC, ET AL.

  • A.M. No. 00-7-09-CA March 27, 2001 - IN RE: DEMETRIO G. DEMETRIA

  • A.M. No. P-01-1473 March 27, 2001 - GLORIA O. BENITEZ v. MEDEL P. ACOSTA

  • G.R. No. 123149 March 27, 2001 - PEOPLE OF THE PHIL. v. CORNELIO CABUG

  • G.R. No. 131588 March 27, 2001 - PEOPLE OF THE PHIL. v. GLENN DE LOS SANTOS

  • G.R. Nos. 137762-65 March 27, 2001 - PEOPLE OF THE PHIL. v. REYNALDO BARES

  • G.R. No. 137989 March 27, 2001 - PEOPLE OF THE PHIL. v. SONNY MATIONG, ET AL.

  • A.M. No. MTJ-01-1357 March 28, 2001 - MONFORT HERMANOS AGRICULTURAL DEVELOPMENT CORP. v. ROLANDO V. RAMIREZ

  • A.M. No. RTJ-00-1574 March 28, 2001 - GORGONIO S. NOVA v. SANCHO DAMES II

  • G.R. No. 100701 March 28, 2001 - PRODUCERS BANK OF THE PHIL. v. NLRC, ET AL.

  • G.R. No. 101442 March 28, 2001 - JOSE ANGELES v. COURT OF APPEALS, ET AL

  • G.R. No. 110012 March 28, 2001 - ANASTACIO VICTORIO v. COURT OF APPEALS, ET AL.

  • G.R. No. 112314 March 28, 2001 - VICENTE R. MADARANG v. SANDIGANBAYAN, ET AL.

  • G.R. No. 117964 March 28, 2001 - PLACIDO O. URBANES, JR. v. COURT OF APPEALS, ET AL.

  • G.R. No. 122216 March 28, 2001 - ALJEM’S CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 126751 March 28, 2001 - SAFIC ALCAN & CIE v. IMPERIAL VEGETABLE OIL CO.

  • G.R. No. 126959 March 28, 2001 - PEOPLE OF THE PHIL. v. SERVANDO SATURNO, ET AL.

  • G.R. No. 136965 March 28, 2001 - UNIVERSITY OF THE PHIL. v. SEGUNDINA ROSARIO

  • G.R. No. 137660 March 28, 2001 - PEOPLE OF THE PHIL. v. CARLOS L. ALCANTARA

  • G.R. No. 137932 March 28, 2001 - CHIANG YIA MIN v. COURT OF APPEALS, ET AL.

  • G.R. No. 138474 March 28, 2001 - PEOPLE OF THE PHIL. v. FORTUNATO BALANO

  • G.R. Nos. 139571-72 March 28, 2001 - ROGER N. ABARDO v. SANDIGANBAYAN

  • G.R. No. 140153 March 28, 2001 - ANTONIO DOCENA, ET AL. v. RICARDO P. LAPESURA, ET AL.

  • G.R. No. 141307 March 28, 2001 - PURTO J. NAVARRO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142007 March 28, 2001 - MANUEL C. FELIX v. ENERTECH SYSTEMS INDUSTRIES, ET AL.

  • G.R. No. 143173 March 28, 2001 - PEDRO ONG, ET AL. v. SOCORRO PAREL, ET AL.

  • G.R. No. 144169 March 28, 2001 - KHE HONG CHENG v. COURT OF APPEALS, ET AL.

  • G.R. No. 131836 March 30, 2001 - PEOPLE OF THE PHIL. v. MELITA SINCO, ET AL.

  • G.R. No. 137564 March 30, 2001 - PEOPLE OF THE PHIL. v. DOMINADOR DOMENDED

  • G.R. No. 137648 March 30, 2001 - PEOPLE OF THE PHIL. v. IRENEO PADILLA

  • G.R. No. 140311 March 30, 2001 - DENNIS T. GABIONZA v. COURT OF APPEALS, ET AL

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    G.R. No. 136965   March 28, 2001 - UNIVERSITY OF THE PHIL. v. SEGUNDINA ROSARIO

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 136965. March 28, 2001.]

    UNIVERSITY OF THE PHILIPPINES, Petitioner, v. SEGUNDINA ROSARIO, Respondent.

    D E C I S I O N


    PARDO, J.:


    The Case


    This is an appeal 1 from the decision of the Court of Appeals 2 setting aside the order of the Regional Trial Court, Branch 217, Quezon City which denied respondent Segundina Rosario’s (hereafter, "Segundina") motion to dismiss 3 and cancelled the notice of lis pendens annotated on Transfer Certificate of Title No. 121042.chanrob1es virtua1 1aw 1ibrary

    The Facts


    There being no controversy as to the facts and the petition raising pure questions of law, we adopt the findings of fact of the Court of Appeals, as follows: 4

    On September 7, 1971, Datu Ditingke Ramos filed with the Court of First Instance, Quezon City, an application for registration of title covering a parcel of land situated in Quezon City, with an area of 100,000 square meters and covered by Plan (LRC) SWO-15055, as amended. 5

    On August 31, 1972, petitioner University of the Philippines (hereafter, "U. P.") filed with the trial court a "motion for intervention" in the case, claiming that the land covered by the application (by Datu Ditingke Ramos) is within its property described in Transfer Certificate of Title No. 9462.

    On March 15, 1973, U.P. filed with the trial court an opposition and motion to dismiss Datu Ditingke Ramos’ application for registration.

    On June 6, 1973, the trial court issued an order which reads as follows:jgc:chanrobles.com.ph

    "Acting on the motion to dismiss filed by the University of the Philippines and considering the certification, sketch plan (Exhibits "O" and "P") the testimony of the Acting Chief, Geodetic Engineer as well as the written manifestation of the Land Registration Commission to the effect that the land subject matter of this application and covered by plan SWO-15055 does not encroach on the property of the University of the Philippines and that it is not inside any decreed - property, the motion to dismiss the application is hereby DENIED for lack of merit.

    "SO ORDERED." 6

    On June 8, 1973, the trial court First Instance decided the application as follows:jgc:chanrobles.com.ph

    "IN VIEW OF THE FOREGOING, the application is hereby granted, declaring the applicant Rosario Alcovendras Vda. de Ramos (surviving spouse of the original applicant who was substituted as party applicant in the order of April 24, 1973) the absolute owner of the property applied for and covered by Plan (LRC) SWO-15055, as amended, confirming her title thereto. Upon in the order of April 24, 1973) the absolute owner of the property applied for and covered by Plan (LRC) SWO 15055, as amended, confirming her title thereto. Upon this decision becoming final, let the required decree of registration be issued and after payment of corresponding fees, let the certificate of title be issued in favor of Rosario Alcovendras Vda. de Ramos, widow, Filipino and a resident of Quezon City.

    "SO ORDERED." 7

    On March 19, 1974, the trial court 8 issued an order stating:jgc:chanrobles.com.ph

    "The decision rendered by this Court in the above-entitled case under the date of June 8, 1973 having become final, the Commissioner of the Land Registration Commission is hereby directed to comply with Section 21 of Act 2347." 9

    On May 8, 1974, the Commissioner of Land Registration issued Decree No. N-150604 in favor of Rosario Alcovendas Vda. de Ramos, pursuant to which the Register of Deeds of Quezon City issued OCT No. 17 in her name.

    On November 21, 1976, the Register of Deeds of Quezon City cancelled OCT No. 17 and issued Transfer Certificate of Title No. 223619 also in the name of Rosario Alcovendas Vda. de Ramos due to errors in the technical description. 10

    On February 23, 1988, Rosario Alcovendas Vda. de Ramos executed a "deed of absolute sale" in favor of Segundina Rosario (hereafter Segundina) covering the parcel of land embraced in Transfer Certificate of Title No. 223619.

    On June 11, 1988, fire razed the Quezon City Hall Building which housed the Office of the Register of Deeds of Quezon City. Transfer Certificate of Title No. 223619 was one of the titles destroyed by the fire.

    Subsequently, Segundina Rosario requested the Register of Deeds to reconstitute Transfer Certificate of Title No. 223619 resulting in the issuance of Transfer Certificate of Title No. RT-78195 (223619).

    On March 11, 1993, U.P. filed with the Regional Trial Court, Branch 21, Quezon City 11 a petition for the cancellation of Transfer Certificate of Title No. (N-126671) 367316 naming Segundina, Bugnay Construction and Development Corporation and the Register of Deeds of Quezon City, among others, as respondents.

    On November 10, 1994, Segundina caused the registration with the Register of Deeds of the "deed of absolute sale." Consequently, the Register of Deeds issued Transfer Certificate of Title No. 121042 in Segundina’s name, resulting in the cancellation of Transfer Certificate of Title No. RT-78195(223619).

    On November 19, 1996, after the parties had presented their respective evidence, U.P. filed an amended petition alleging that it is "the true, absolute and registered owner of a parcel of land covered by Transfer Certificate of Title No. 9462" of the Register of Deeds of Quezon City and that the "unlawful acts of ownership being exercised by (Segundina) and (Bugnay Construction and Development Corporation) as well as the existence of their spurious certificates of title, create a cloud of doubt on the title of (U.P.)."cralaw virtua1aw library

    In its third cause of action, U.P. prayed that Transfer Certificate of Title No. 121042 or the reconstituted titles or derivatives thereof be declared null and void ab initio for being spurious and fraudulently issued.

    On May 15, 1997, Segundina filed with the trial court an "omnibus motion" for the dismissal of U. P.’s third cause of action in the amended petition as well as the cancellation of the notice of lis pendens annotated on TCT No. 121042

    On November 10, 1997, the trial court denied Segundina’s omnibus motion.chanrob1es virtua1 1aw 1ibrary

    On December 30, 1997, Segundina filed with the trial court a motion for reconsideration questioning the denial of her motion to dismiss and praying for the cancellation of the notice of lis pendens. 12

    On April 16, 1998, the trial court 13 denied Segundina’s motion for reconsideration and motion to cancel the notice of lis pendens. 14

    On November 10, 1997, the trial court 15 again denied Segundina’s omnibus motion to dismiss and cancel notice of lis pendens. 16

    On May 26, 1998, Segundina filed with the Court of Appeals 17 a petition for certiorari 18 assailing the orders of the trial court denying her motion to dismiss.

    On September 18, 1998, the Court of Appeals promulgated its decision in favor of Segundina. The Court of Appeals reasoned that the third cause of action is barred by res judicata and that the trial court committed grave abuse of discretion in denying Segundina’s "motion to dismiss." 19 We quote its dispositive portion:jgc:chanrobles.com.ph

    "WHEREFORE, the instant petition for certiorari is hereby GRANTED. Consequently, the Orders dated November 10, 1997, and April 16, 1998, are declared NULL and VOID and SET ASIDE insofar as they deny petitioner’s Omnibus Motion to Dismiss and Cancel Notice of Lis Pendens. The Third Cause of Action in respondent University of the Philippines’ Amended Petition is ordered DISMISSED and the Notice of Lis Pendens annotated on TCT No. 121042, CANCELLED. The writ of preliminary injunction, insofar as it relates to the parcel of land covered by TCT No. 121042, is LIFTED.

    "SO ORDERED." 20

    On October 26, 1998, petitioner filed with the Court of Appeals, a motion for reconsideration of the afore-quoted decision. 21

    On December 17, 1998, the Court of Appeals denied petitioner’s motion for reconsideration. 22

    Hence, this appeal. 23

    Petitioner’s Submissions

    First, U.P. contends that the Court of Appeals erroneously allowed Segundina’s "motion to dismiss" as Segundina has yet to prove in a "full-blown hearing" whether her reconstituted title traces its roots to OCT No. 17. According to U.P., the issuance of Segundina’s title was "highly anomalous." 24

    Second, U.P. assails the issuance of OCT No. 17 in LRC Case No. Q-239 as void ab initio. According to U.P., the Court of First instance never acquired jurisdiction over LRC Case Q-239 as the requisite "signature approval of the Director of Lands... over the survey plan... was nowhere to be found."25cralaw:red

    Third, U.P. asserts that the Court of Appeals ruled on "unestablished factual issues... by admitting all the photocopies annexed to respondent (Segundina) Rosario’s petition as evidence despite the fact that they all still remained subject to authentication and examination by the parties before the trial court." 26

    Fourth, U. P. attacks the verification of Segundina’s petition in the Court of Appeals as defective.

    The Court’s Ruling


    The petition is meritorious.

    We outline the history of the title that Segundina holds (Title No. 121042): First, the land was originally covered by Plan (LRC) SWO-15055, as amended, which the Court of First Instance declared as not encroaching on the property of U.P. and as absolutely owned by Rosario Alcovendras Vda. de Ramos. Thus, OCT No. 17 was issued in her name. Second, OCT No. 17 was cancelled and Transfer Certificate of Title No. 223619 was issued. Third, Rosario Alcovendas Vda. de Ramos executed an "absolute deed of sale" over the land in favor of Segundina. Fourth, Transfer Certificate of Title No. 223619 was burned in the fire that razed the Quezon City Hall. Fifth, Title No. 223619 was reconstituted and Transfer Certificate of Title No. RT-78195 was issued in its place. Sixth, Segundina registered the "deed of absolute sale." Thus, Transfer Certificate of Title No. RT-78195 was cancelled and Transfer Certificate of Title No. 121042 was issued in Segundina’s name.

    In LRC Q-329 the trial court declared U.P. as having no interest in the land covered by Transfer Certificate of Title No. 121042. However, UP’s contention that OCT No. 17 is void for lack of the requisite "signature approval of the Director of Lands... over the survey plan" 27 is worth looking into.

    P. D. No. 1529 28 requires the Director of Lands to sign and approve the survey plan for the land applied for, otherwise, the title is void.

    "SECTION 17. What and where to file — The application for land registration shall be filed with the Court of First Instance of the province or city where the land is situated. The applicant shall file together with the application all original muniments of titles or copies thereof and a survey plan approved by the Bureau of Lands.

    "The clerk of court shall not accept any application unless it is shown that the applicant has furnished the Director of Lands with a copy of the application and all the annexes (Emphasis ours)."cralaw virtua1aw library

    No plan or survey may be admitted in land registration proceedings until approved by the Director of Lands. 29 The submission of the plan is a statutory requirement of mandatory character. Unless a plan and its technical description are duly approved by the Director of Lands, the same are of no value. 30

    Thus, the allegation that the signature approval for the survey plan was nowhere to be found is an important jurisdictional fact that must be ventilated before the trial court. In Republic v. Intermediate Appellate Court, 31 this Court stated that "void ab initio land titles issued cannot ripen into private ownership." Thus, as OCT No. 17 is void and Segundina traces her rights to OCT No. 17, her claim would have no basis as a spring cannot rise higher than its source. 32

    Further, the judgment in LRC Q-329 was subject to the qualification that "If the parcel of land is found to be inside decreed properties, this plan is automatically cancelled." 33

    Whether the land covered by OCT No. 17 is inside decreed property is an issue of fact that can be best determined by the trial court after an examination of the evidence. Welfind meritorious the trial court’s rationale for denying Segundina’s motion to dismiss. We quote:chanrob1es virtua1 1aw 1ibrary

    "To establish their respective rights over the disputed property, both plaintiff and respondents submitted documentary exhibits, the genuineness and authenticity of which can only be proved in a full blown trial.

    "There is no pretense that the foregoing conflicting claims entail determination of facts. It, thus, become imperative that both parties be given their day in Court to avoid the danger of committing a grave injustice if they were denied an opportunity to introduce evidence in their behalf.

    "It is within this context that the Court considers it appropriate under the present stage of the action to DENY the instant motion." 34

    Pending final ruling on the merits of the case, Segundina’s motion to cancel the notice of lis pendens must be denied.

    WHEREFORE, the Court GRANTS the petition. The Court REVERSES the decision of the Court of Appeals promulgated on September 18, 1998, in CA-G. R. SP No. 47783.

    In lieu thereof, the Court orders the case REMANDED to the trial court for trial on the merits.

    No costs.

    SO ORDERED.

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

    Puno, J., on official business abroad.

    Endnotes:



    1. Under Rule 45 of the 1997 Rules of Civil Procedure, as amended.

    2. In CA-G. R. SP No. 47783, promulgated on September 18, 1998, Abesamis, J., ponente, Rasul and Carpio Morales, JJ., concurring.

    3. In Civil Case No. Q-93-15115, dated April 16, 1998, Judge Lydia Querubin Layosa, presiding.

    4. Petition, Annex "A", Court of Appeals Decision, Rollo, pp. 35-52 at pp. 35-41.

    5. Docketed as LRC Case No. Q-329, LRC Record No. N-40917.

    6. Petition, Annex "A", Court of Appeals Decision, Rollo, pp. 35-52 at p. 37.

    7. Petition, Annex "A", Court of Appeals Decision, Rollo, pp. 35-52 at pp. 37-38.

    8. Judge Ulpiano Sarmiento, presiding.

    9. Petition, Annex "A", Court of Appeals Decision, Rollo, pp. 35-52 at p. 38.

    10. Petition, Annex "H", CA Rollo, p. 32 and dorsal side thereof.

    11. Docketed as Civil Case No. Q-93-15115, Judge Demetrio B. Macapagal, presiding.

    12. Petition, Annex "C", Segundina’s Petition to the Court of Appeals, Rollo, pp. 53-66 at p. 54.

    13. Judge Lydia Querubin Layosa, presiding.

    14. Petition, Annex "D", Order of the Trial Court, Rollo, pp. 67-68.

    15. Through Judge Demetrio B. Macapagal, Sr.

    16. Comment, Annex "3", Rollo, Order of the Trial Court, pp. 111-112.

    17. Petition, CA Rollo, pp. 2-12 at p. 2.

    18. Filed under Rule 65 of the 1997 Rules of Civil Procedure, as amended.

    19. Petition, Annex "A", CA Decision, Rollo, pp. 35-52, at pp. 42-49.

    20. Petition, Annex "A", CA Decision, Rollo, pp. 35-52, at p. 49.

    21. CA Rollo, p. 113.

    22. Petition, Annex "B", Order of the Court of Appeals, Rollo, pp. 51-52.

    23. Petition filed on January 20, 1999, Rollo, pp. 10-34. On December 13, 1999, we resolved to give due course to the petition (Rollo, pp. 161-162).

    24. Petition, Rollo, pp. 10-34 at p. 13.

    25. Ibid.

    26. Ibid., at p. 16.

    27. Petition, Rollo, pp. 10-34, at p. 13.

    28. Property Registration Decree (An Act Amending and Codifying the Laws Relative to Registration of Property and for Other Purposes).

    29. Administrative Code of 1917, as amended, Sec. 1858.

    30. Director of Lands v. Reyes, 68 SCRA 177, 188 (1975).

    31. 209 SCRA 90, 101 (1992).

    32. De Santos v. Intermediate Appellate Court, 157 SCRA 295, 301 (1988).

    33. Petition, Rollo, pp. 10-34 at p. 24.

    34. Petition, Annex "D", Order of the Trial Court dated April 16, 1998, Rollo, pp. 67-68, at p. 67.

    G.R. No. 136965   March 28, 2001 - UNIVERSITY OF THE PHIL. v. SEGUNDINA ROSARIO




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