ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
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)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
November-2001 Jurisprudence                 

  • G.R. No. 137968 November 6, 2001 - PEOPLE OF THE PHIL. v. ALEJANDRE DELOS SANTOS

  • G.R. Nos. 123138-39 November 8, 2001 - PEOPLE OF THE PHILS. v. HONESTO LLANDELAR

  • A.M. MTJ-01-1375 November 13, 2001 - REPORT ON THE JUDICIAL AUDIT IN THE MTCs of CALASIAO. BINMALEY

  • A.M. No. RTJ-00-1601 November 13, 2001 - ELIEZER A. SIBAYAN-JOAQUIN v. ROBERTO S. JAVELLANA

  • G.R. No. 104629 November 13, 2001 - PEOPLE OF THE PHIL. v. JULIUS KINOK

  • G.R. No. 134498 November 13, 2001 - CELIA M. MERIZ v. PEOPLE OF THE PHIL

  • G.R. Nos. 135454-56 November 13, 2001 - PEOPLE OF THE PHIL v. RODERICK SANTOS

  • A.M. No. CA-01-10-P November 14, 2001 - ALDA C. FLORIA v. CURIE F. SUNGA, ET AL.

  • A.M. No. P-01-1518 November 14, 2001 - ANTONIO A. ARROYO v. SANCHO L. ALCANTARA

  • G.R. No. 122736 November 14, 2001 - PEOPLE OF THE PHIL. v. FROILAN PADILLA

  • G.R. No. 123819 November 14, 2001 - PEOPLE OF THE PHIL. v. STEPHEN MARK WHISENHUNT

  • G.R. No. 133877 November 14, 2001 - RIZAL COMMERCIAL BANKING CORPORATION v. ALFA RTW MANUFACTURING CORPORATION

  • G.R. No. 133910 November 14, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE VIRREY y DEHITO

  • G.R. No. 135511-13 November 14, 2001 - THE PEOPLE OF THE PHILIPPINES v. ENTICO MARIANO y EXCONDE

  • G.R. No. 137613 November 14, 2001 - PEOPLE OF THE PHIL. v. ROSALITO CABOQUIN

  • G.R. No. 138914 November 14, 2001 - PEOPLE OF THE PHIL. v. EFREN MANTES, ET AL.

  • G.R. No. 142870 November 14, 2001 - PEOPLE OF THE PHIL. v. DINDO F. PAJOTAL, ET AL.

  • G.R. Nos. 143513 & 143590 November 14, 2001 - POLYTECHNIC UNIVERSITY OF THE PHILIPPINES v. COURT OF APPEALS and FIRESTONE CERAMICS

  • A.M. No. RTJ-00-1599 November 15, 2001 - TRANQUILINO F. MERIS v. JUDGE FLORENTINO M. ALUMBRES

  • G.R. No. 123213 November 15, 2001 - NEPOMUCENA BRUTAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 126584 November 15, 2001 - VALLEY LAND RESOURCES, INC., ET AL. v. VALLEY GOLF CLUB INC.

  • G.R. No. 127897 November 15, 2001 - DELSAN TRANSPORT LINES v. COURT OF APPEALS, ET AL.

  • G.R. No. 129018 November 15, 2001 - CARMELITA LEAÑO v. COURT OF APPEALS, ET AL.

  • G.R. No. 136017 November 15, 2001 - PEOPLE OF THE PHIL. v. JERRY BANTILING

  • G.R. No. 136143 November 15, 2001 - PEOPLE OF THE PHILIPPINES v. AGAPITO CABOTE a.k.a. "PITO"

  • G.R. No. 137255 November 15, 2001 - PEOPLE OF THE PHIL. v. NOEL MAMALAYAN, ET AL.

  • G.R. No. 137369 November 15, 2001 - PEOPLE OF THE PHILIPPINES v. ALIAS KOBEN VISTA

  • G.R. No. 141811 November 15, 2001 - FIRST METRO INVESTMENT CORPORATION v. ESTE DEL SOL MOUNTAIN RESERVE

  • G.R. No. 145275 November 15, 2001 - COMMISSIONER OF INTERNAL REVENUE v. LA CAMPANA FABRICA DE TABACOS

  • G.R. No. 148326 November 15, 2001 - PABLO C. VILLABER Petitioner v. COMMISSION ON ELECTIONS and REP. DOUGLAS R. CAGAS

  • A.M. No. MTJ-01-1382 November 16, 2001 - MARIO W. CHILAGAN v. EMELINA L. CATTILING

  • A.M. No. P-00-1411 November 16, 2001 - FELICIDAD JACOB v. JUDITH T. TAMBO

  • G.R. No. 120274 November 16, 2001 - SPOUSES FRANCISCO A. PADILLA and GERALDINE S. PADILLA v. COURT OF APPEALS and SPOUSES CLAUDIO AÑONUEVO and CARMELITA AÑONUEVO

  • G.R. No. 127003 November 16, 2001 - THE PEOPLE OF THE PHIL v. FAUSTINO GABON

  • G.R. Nos. 132875-76 November 16, 2001 - PEOPLE OF THE PHIL. v. ROMEO G. JALOSJOS

  • G.R. No. 132916 November 16, 2001 - RUFINA TANCINCO v. GSIS, ET AL.

  • G.R. No. 133437 November 16, 2001 - PEOPLE OF THE PHILIPPINES v. RONALD SAMSON

  • G.R. No. 134486 November 16, 2001 - PEOPLE OF THE PHIL. v. CLEMENTE DAYNA

  • G.R. No. 135038 November 16, 2001 - ROLANDO Y. TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 142654 November 16, 2001 - PEOPLE OF THE PHIL v. ROLANDO MENDOZA

  • G.R. No. 143802 November 16, 2001 - REYNOLAN T. SALES v. SANDIGANBAYAN, ET AL.

  • G.R. No. 129175 November 19, 2001 - RUBEN N. BARRAMEDA, ET AL. v. ROMEO ATIENZA, ET AL.

  • G.R. No. 130945 November 19, 2001 - PEOPLE OF THE PHIL. v. ALBERTO CONDINO

  • G.R. No. 132724 November 19, 2001 - PEOPLE OF THE PHILIPPINES v. RENIEL SANAHON

  • G.R. Nos. 138358-59 November 19, 2001 - PEOPLE OF THE PHIL. v. CLAUDIO B. DELA PEÑA

  • G.R. No. 138661 November 19, 2001 - PEOPLE OF THE PHIL. v. JERSON E. ACOJEDO

  • G.R. No. 140920 November 19, 2001 - JUAN LORENZO B. BORDALLO, ET AL. v. THE PROFESSIONAL REGULATIONS COMMISSION AND THE BOARD OF MARINE DECK OFFICERS

  • G.R. No. 148560 November 19, 2001 - JOSEPH EJERCITO ESTRADA v. SANDIGANBAYAN (Third Division) and PEOPLE OF THE PHILIPPINES

  • G.R. No. 91486 November 20, 2001 - ALBERTO G. PINLAC v. COURT OF APPEALS, ET AL.

  • G.R. No. 122276 November 20, 2001 - RODRIGO ALMUETE ET AL., v. MARCELO ANDRES, ET AL.

  • G.R. No. 126204 November 20, 2001 - NAPOCOR v. PHILIPP BROTHERS OCEANIC

  • G.R. Nos. 126538-39 November 20, 2001 - PEOPLE OF THE PHILIPPINES v. RODELIO MARCELO

  • G.R. No. 129234 November 20, 2001 - THERMPHIL v. COURT OF APPEALS ET AL.

  • G.R. No. 140032 November 20, 2001 - PEOPLE OF THE PHILIPPINES v. ANGEL C. BALDOZ and MARY GRACE NEBRE

  • G.R. No. 140692 November 20, 2001 - ROGELIO C. DAYAN v. BANK OF THE PHILIPPINE ISLANDS, ET AL.

  • G.R. No. 144401 November 20, 2001 - PEOPLE OF THE PHIL. v. JOEL GALISIM

  • A.M. No. MTJ-99-1207 November 21, 2001 - NBI v. FRANCISCO D. VILLANUEVA

  • A.M. No. P- 01-1520 November 21, 2001 - MARILOU A. CABANATAN v. CRISOSTOMO T. MOLINA

  • A.M. Nos. RTJ-00-1561 & RTJ-01-1659 November 21, 2001 - CARINA AGARAO v. Judge JOSE J. PARENTELA

  • G.R. No. 125356 November 21, 2001 - SUPREME TRANSLINER INC. v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 132839 November 21, 2001 - ERIC C. ONG v. HON. COURT OF APPEALS and THE PEOPLE OF THE PHILIPPINES

  • G.R. No. 133879 November 21, 2001 - EQUATORIAL REALTY DEVELOPMENT v. MAYFAIR THEATER

  • G.R. No. 136748 November 21, 2001 - PEOPLE OF THE PHIL. v. JUANITO ET AL.

  • G.R. No. 137457 November 21, 2001 - PEOPLE OF THE PHIL. v. ROSAURO SIA

  • G.R. No. 141881 November 21, 2001 - THE PEOPLE OF THE PHILIPPINES v. VIRGILIO BERNABE y RAFOL

  • A.M. No RTJ-01-1664 November 22, 2001 - ALFREDO CAÑADA v. VICTORINO MONTECILLO

  • G.R. No. 109648 November 22, 2001 - PH CREDIT CORPORATION v. COURT OF APPEALS and CARLOS M. FARRALES

  • G.R. Nos. 111502-04 November 22, 2001 - REYNALDO H. JAYLO, ET AL. v. SANDIGANBAYAN

  • G.R. No. 113218 November 22, 2001 - ALEJANDRO TECSON v. HON. COURT OF APPEALS ET AL.

  • G.R. No. 113541 November 22, 2001 - HONGKONG AND SHANGHAI BANKING CORP. EMPLOYEES UNION v. NLRC, ET AL.

  • G.R. No. 118462 November 22, 2001 - LEOPOLDO GARRIDO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123893 November 22, 2001 - LUISITO PADILLA , ET AL. v. THE HONORABLE COURT OF APPEALS, ET AL.

  • G.R. No. 129660 November 22, 2001 - BIENVENIDO P. JABAN and LYDIA B. JABAN v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 130628 November 22, 2001 - PEOPLE OF THE PHIL. v. PAULINO LEONAR

  • G.R. No. 132743 November 22, 2001 - PEOPLE OF THE PHIL. v. MARCIAL CAÑARES Y ORBES

  • G.R. No. 133861 November 22, 2001 - PEOPLE OF THE PHIL. v. ROBERTO SO

  • G.R. Nos. 135853-54 November 22, 2001 - PEOPLE OF THE PHIL. v. OPENIANO LACISTE

  • G.R. No. 135863 November 22, 2001 - PEOPLE OF THE PHIL. v. VlRGILIO LORICA

  • G.R. Nos. 136317-18 November 22, 2001 - PEOPLE OF THE PHIL. v. EDUARDO YAOTO

  • G.R. No. 136586 November 22, 2001 - JON AND MARISSA DE YSASI v. ARTURO AND ESTELA ARCEO

  • G.R. No. 139563 November 22, 2001 - THE PEOPLE OF THE PHIL.. v. AMADOR BISMONTE y BERINGUELA

  • G.R. Nos. 139959-60 November 22, 2001 - PEOPLE OF THE PHIL. v. DEOGRACIAS BURGOS

  • G.R. No. 141602 November 22, 2001 - PACSPORTS PHILS. v. NICCOLO SPORTS, INC.

  • G.R. No. 142316 November 22, 2001 - FRANCISCO A.G. DE LIANO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 143939 November 22, 2001 - HEIRS OF ROSARIO POSADAS REALTY v. ROSENDO.BANTUG

  • G.R. No. 145475 November 22, 2001 - PEOPLE OF THE PHILIPPINES v. EUSEBIO PUNSALAN

  • G.R. No. 145851 November 22, 2001 - ABELARDO B. LICAROS v. THE SANDIGANBAYAN, ET AL.

  • G.R. No. 146683 November 22, 2001 - CIRILA ARCABA v. ERLINDA TABANCURA VDA. DE BATOCAEL, ET AL.

  • A.M. No. RTJ-00-1562 November 23, 2001 - CAVITE CRUSADE FOR GOOD GOVERNMENT v. JUDGE NOVATO CAJIGAL

  • G.R. No. 126334 November 23, 2001 - EMILIO EMNACE v. COURT OF APPEALS, ET AL.

  • G.R. No. 128886 November 23, 2001 - PEOPLE OF THE PHIL. v. JESUS JULIANDA, JR., ET AL.

  • G.R. No. 142044 November 23, 2001 - PEOPLE OF THE PHIL. v. TOBECHUKWU NICHOLAS

  • G.R. No. 144309 November 23, 2001 - SOLID TRIANGLE SALES CORPORATION and ROBERT SITCHON v. THE SHERIFF OF RTC QC, ET AL.

  • A.M. No. RTJ-01-1662 November 26, 2001 - VICTOR TUZON v. LORETO CLORIBEL-PURUGGANAN

  • G.R. No. 138303 November 26, 2001 - PEOPLE OF THE PHIL. v. ELROSWELL MANZANO

  • G.R. Nos. 100940-41 November 27, 2001 - PEOPLE OF THE PHILIPPINES v. AGUSTIN LADAO y LORETO, ET AL.

  • G.R. No. 128285 November 27, 2001 - PEOPLE OF THE PHILS. v. ANTONIO PLANA, ET AL.

  • G.R. Nos. 130409-10 November 27, 2001 - PEOPLE OF THE PHIL. v. JOSUE B. DUMLAO

  • G.R. No. 130907 November 27, 2001 - REPUBLIC OF THE PHIL. v. HON. CESAR A MANGROBANG, ET AL.

  • G.R. No. 130963 November 27, 2001 - PEOPLE OF THE PHIL. v. MARIANO PASCUA

  • G.R. No. 133381 November 27, 2001 - PEOPLE OF THE PHIL. v. ROMULO VILLAVER, ET. AL.

  • G.R. No. 140858 November 27, 2001 - SPOUSES PAPA and LOLITA MANALILI v. SPOUSES ARSENIO and GLICERIA DE LEON

  • G.R. No. 142523 November 27, 2001 - MARIANO L. GUMABON, ET AL. v. AQUILINO T. LARIN

  • G.R. No. 144464 November 27, 2001 - GILDA G. CRUZ and ZENAIDA C. PAITIM v. THE CIVIL SERVICE COMMISSION

  • A.M. No. 00-8-05-SC November 28, 2001 - RE: PROBLEM OF DELAYS IN CASES BEFORE THE SANDIGANBAYAN

  • G.R. No. 128516 November 28, 2001 - DULOS REALTY and DEVELOPMENT CORP. v. COURT OF APPEALS, ET. AL.

  • A.M. No. P-01-1485 November 29, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. MARIE YVETTE GO, ET AL

  • A.M. No. P-01-1522 November 29, 2001 - JUDGE ANTONIO J. FINEZA v. ROMEO P. ARUELO

  • A.M. No. RTJ-01-1665 November 29, 2001 - ROSAURO M. MIRANDA v. JUDGE CESAR A MANGROBANG

  • G.R. No. 119707 November 29, 2001 - VERONICA PADILLO v. COURT OF APPEALS

  • G.R. No. 121703 November 29, 2001 - NATIVIDAD T. TANGALIN v. COURT OF APPEALS, ET AL.

  • G.R. No. 126524 November 29, 2001 - BPI INVESTMENT CORP. v. D.G. CARREON COMMERCIAL CORP., ET AL.

  • G.R. No. 129282 November 29, 2001 - DMPI EMPLOYEES CREDIT COOPERATIVE v. ALEJANDRO M. VELEZ, ET AL.

  • G.R. Nos. 129609 & 135537 November 29, 2001 - RODIL ENTERPRISES v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 130326 & 137868 November 29, 2001 - COMPANIA GENERAL DE TABACOS DE FILIPINAS AND MANILA TOBACCO TRADING v. THE COURT OF APPEALS

  • G.R. Nos. 132066-67 November 29, 2001 - PEOPLE OF THE PHIL. v. BALAS MEDIOS

  • G.R. No. 132133 November 29, 2001 - PEOPLE OF THE PHILIPPINES v. WILLIAM ALPE y CUATRO

  • G.R. No. 136848 November 29, 2001 - PEOPLE OF THE PHIL. v. RENATO T. RAMIREZ

  • G.R. No. 137815 November 29, 2001 - JUANITA T. SERING v. COURT OF APPEALS, ET AL.

  • G.R. No. 138489 November 29, 2001 - ELEANOR DELA CRUZ, ET AL. v. COMMISSION ON AUDIT

  • G.R. No. 139470 November 29, 2001 - PEOPLE OF THE PHIL. v. SPO2 ANTONIO B. BENOZA

  • G.R. No. 140386 November 29, 2001 - PEOPLE OF THE PHIL. v. BENNY ACOSTA

  • G.R. No. 141386 November 29, 2001 - COMMISSION ON AUDIT OF THE PROVINCE OF CEBU v. PROVINCE OF CEBU

  • G.R. Nos. 141702-03 November 29, 2001 - CATHAY PACIFIC AIRWAYS v. NLRC and MARTHA Z. SINGSON

  • G.R. No. 142606 November 29, 2001 - PEOPLE OF THE PHILIPPINES v. NESTOR MUNTA

  • G.R. No. 143127 November 29, 2001 - PEOPLE OF THE PHIL. v. RAUL RUBARES Y CAROLINO

  • G.R. No. 143703 November 29, 2001 - PEOPLE OF THE PHIL v. JOSE V. MUSA

  •  





     
     

    G.R. No. 123213   November 15, 2001 - NEPOMUCENA BRUTAS v. COURT OF APPEALS, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 123213. November 15, 2001.]

    NEPOMUCENA BRUTAS, Petitioner, v. COURT OF APPEALS and JOSE RADONA, SR., joined by his wife, FELICIANA RADONA, Respondents.

    D E C I S I O N


    QUISUMBING, J.:


    This petition assails the decision 1 dated November 15, 1995 of the Court of Appeals in CA-G.R. SP No. 37682 and its resolution 2 dated January 8, 1996, denying petitioner’s motion for reconsideration. The respondent appellate court had affirmed the decision dated June 6, 1995 of the Regional Trial Court of Iba, Zambales, Branch 71, in Civil Case No. RTC-1109-I, which earlier upheld the judgment dated December 8, 1994 of the 2nd Municipal Circuit Trial Court of Masinloc and Palauig, Zambales, in Civil Case No. 579, for unlawful detainer. We gave due course to the petition in order to scrutinize closely this case and avoid a possible instance of gross injustice to a landless woman being driven out of hearth and home.chanrob1es virtua1 law library

    The facts of the case are not complicated. On July 20, 1994, spouses Jose and Feliciana Radona, Sr., as plaintiffs filed a complaint for ejectment before the Municipal Circuit Trial Court of Palauig and Masinloc, Zambales, against herein petitioner Nepomucena Brutas. The spouses alleged that they are the legal owners and possessors of a parcel of land situated at Locloc-Balite, Palauig, Zambales, containing an area of 4.0758 hectares. The land is bounded on the North and East by Barrio Road and on the West and South by Sancho C. Abasta. In the complaint, the spouses averred that an area containing 650 square meters on the southwestern portion of said land has been in the possession of petitioner since the time petitioner separated 4 or 5 years ago from their son Jose Radona, Jr., who was her common-law husband. They added that it was only because of their tolerance that she was allowed to remain where she has her house in said area, which is identifiable and is separated from the rest of the spouses’ land by fences. 3

    In her answer, petitioner admitted that indeed there was a letter sent to her by private respondents demanding that she vacate the land. She, however, questioned their authority to demand that she leave. She averred that Jose Radona, Sr., was not the legal owner nor was he in actual possession of the area in question. She pointed out that Radona, Sr., lived outside of the property she occupies, namely Lot No. 1083 with OCT No. P-11962, titled in the name of Alfredo Apuyan. She said that in 1973, she was made Apuyan’s caretaker of said property. According to her, private respondents’ son, Jose Radona, Jr., with whom she had a common-law relationship, lived with her in the house built in the lot owned by Apuyan until Jose, Jr., separated from her and constructed his own house sometime in 1991 to live with a new wife. 4 She added that Apuyan allowed Radona, Jr., to build a house elsewhere on Apuyan’s land. 5

    On December 8, 1994, the Municipal Circuit Trial Court rendered a decision in favor of spouses Radona, but against Nepomucena Brutas, as follows:chanrob1es virtual 1aw library

    WHEREFORE, pursuant to the Rule on Summary Procedure, judgment is hereby rendered:chanrob1es virtual 1aw library

    a) Ordering the defendant and all persons claiming rights under her to vacate the land mentioned in paragraph 3 of the complaint and which is on the southwestern portion of the land described in paragraph 2, . . . and surrender the possession thereof to the plaintiffs;

    b) Dismissing the claim of the plaintiffs for attorney’s fees as well as the defendant’s counterclaim for damages and attorney’s fees for lack of legal and factual basis;

    c) Ordering the defendant to pay the plaintiffs the costs of this suit as follows:chanrob1es virtual 1aw library

    Filing fee — P100.00; Process Server’s fee — P50.00;

    Legal Research Fund — P10.00.

    SO ORDERED. 6

    From said decision, petitioner appealed to the Regional Trial Court of Iba, Zambales, which in turn upheld the decision of the MCTC, as follows:chanrob1es virtual 1aw library

    WHEREFORE, premises considered, the Court finds no reason to reverse the findings of the Court a quo and hereby affirms its decision dated 8 December 1994.

    SO ORDERED. 7 (Stress supplied.)

    Undeterred, petitioner filed a petition for review with the Court of Appeals. The appellate court denied the petition for lack of merit, reasoning as follows:chanrob1es virtual 1aw library

    Despite the fact that the property is titled in the name of Alfredo Apuyan, We find this evidence insufficient to rule in favor of petitioner. For one thing, the title in the name of Alfredo Apuyan was issued only very recently, or on July 7, 1993. For another, in actions of forcible entry and detainer, the main issue is possession de facto independently of any claim of ownership or possession de jure that either party may set forth in his pleading. In other words, the issue is who is entitled to the physical or material possession of the premises, or who between litigants has a better right to physical possession. 8

    Hence this petition, where petitioner assigns to the appellate court the following errors:chanrob1es virtual 1aw library

    1. THE RESPONDENT APPELLATE COURT COMMITTED A GRAVE MISAPPREHENSION OF THE FACTS WHEN IT HELD AS INSUFFICIENT PETITIONER’S EVIDENCE OF HER RIGHT TO POSSESSION OF THE SUBJECT PROPERTY EVEN IF ALFREDO APUYAN’S TITLE WAS ISSUED ONLY ON JULY 7, 1993, THUS CLEARLY OVERLOOKING PETITIONER’S CLEAR, AMPLE AND SUBSTANTIAL EVIDENCE SHOWING THAT ALFREDO APUYAN — WHO APPOINTED PETITIONER AS CARETAKER OF THE PROPERTY — HAS BEEN IN POSSESSION OF THE SAID PROPERTY LONG BEFORE THE ISSUANCE OF THE TITLE ON JULY 7, 1993.

    2. THE RESPONDENT APPELLATE COURT COMMITTED A GRAVE REVERSIBLE ERROR WHEN IT RULED THAT THE POSSESSION OF PETITIONER WAS ONLY BY MERE TOLERANCE OF THE PRIVATE RESPONDENTS, AND THAT SHE COULD NOT HAVE FENCED THE PROPERTY AS A CARETAKER OF ALFREDO APUYAN BECAUSE THE LATTER’S TITLE WAS ISSUED ONLY ON JULY 7, 1993 AND IN HOLDING THAT PRIVATE RESPONDENTS HAVE BETTER PHYSICAL POSSESSION TO THE PROPERTY THAN THE PETITIONER, CONTRARY TO THE ABUNDANT EVIDENCE OF PETITIONER. 9

    Clearly, the principal issue for our consideration is: May petitioner Nepomucena BRUTAS as caretaker of the titled landowner (APUYAN) be ejected by the RADONAS as claimants to the land in question?

    Petitioner alleged that the factual findings of the lower courts, which were affirmed by the Court of Appeals, were based on a misapprehension of facts and contradicted by the evidence on records and if reviewed would show that petitioner has a better right than private respondents to possess the 650 sq. m. portion she now occupies. She contended that the appellate court manifestly overlooked and arbitrarily disregarded petitioner’s evidence that since 1911, Apolinario Apuyan, Alfredo Apuyan’s father and predecessor-in-interest, had already been in continuous physical possession of the property and had already applied for free patent over the subject property, and after his death in 1945, the possession of the property was continued by Alfredo Apuyan, who appointed her as caretaker. She insisted that Alfredo continued and pursued his father’s application for a free patent, which was ultimately issued in his favor on July 7, 1993, and evidenced by OCT No. P-11962 (Free Patent Title No. 037108-93-3230), covering 55,860 sq. m. 10 She presented a certification of the officials of CENR Officer, Department of Environment and Natural Resources, Masinloc, Zambales, attesting that Alfredo Apuyan occupied the land, long before the cadastral survey of the property was made for the heirs of Apolinario Apuyan as against a claimant by the name of Agapito Abdon. 11 She showed Alfredo Apuyan’s affidavit designating her as caretaker of the property. 12 In considering her petition, we note that the Radonas are not the titled owners of the lot in question. Nor are they in possession of the area containing 650 square meters where petitioner now has a house. Her area is fenced and separate from the land of the private respondents. Rather said area is within the land titled and owned by Alfredo Apuyan, and he is in full control and possession of this area personally and through his caretaker, the petitioner.chanrob1es virtua1 1aw 1ibrary

    Private respondents commented, however, that respondent appellate court did not err in concluding that petitioner was in possession of the 650 sq. m. portion of the land, which she fenced with a barb wire, only out of Radonas’ tolerance. Private respondents disputed the fact that petitioner has been the caretaker of Apuyan since 1973, because Apuyan acquired the title to the land only on July 7, 1993. Private respondents added that petitioner thought of claiming she was the caretaker of Apuyan out of spite, and only after private respondents filed a case 13 against Apuyan for the cancellation of the latter’s title allegedly because it was fraudulently acquired. Private respondents alleged that petitioner filed the case after Jose Radona, Jr., her former common-law husband, tried to remove the barbed wire fencing the land she was occupying. She had complained of this removal of the wire in a malicious mischief case she filed against Jose Radona, Jr. 14 Private respondents pointed out that petitioner did not deny that her house was built by her former common-law husband, Radona, Jr., in 1973, while they lived together. 15

    As a general rule, factual findings of the trial courts, especially when affirmed by the Court of Appeals, are final and are not reviewed by this Court. 16 However, the rule admits of several exceptions, one of which is when the appellate court overlooked or misapprehended certain facts which when properly considered would lead to a different result. 17

    Here, we find that at present the title of the property in question belongs to Alfredo Apuyan. That title has been issued by the appropriate government agency, the Bureau of Lands. He does not deny that petitioner is the caretaker of the area in question. To the contrary, he has a sworn statement that she is his caretaker over said land. We agree that here the question is not of ownership but of possession. 18 In an unlawful detainer suit, the issue is one of possession. But here private respondents would want to eject petitioner, who has actual possession of said area, out of her house. While our task is to resolve the question of possession, meaning to say who has the better right thereto, we cannot however close our eyes to the personal and family relationships in this case which could throw light on the fairness of the possible result of our decision, considering that we are concerned with law and equity. The Radonas have their own house. Jose, Jr. has a new house and paramour. Why should petitioner’s former parents-in-law, even only in a common-law-relationship, now drive her out of her own house? Is it only because their son has left petitioner in order to live with another woman? Or is it because she found refuge and sided with the titled owner, Alfredo Apuyan? In this case the principle of social justice — that she who has less in life should have more in law — ought to find a measure of relevance more weighty than technicalities.

    The records show that petitioner occupied the subject portion of the land sometime April 3, 1973 when she started to live with her common-law husband, Jose Radona, Jr., one of the sons of the private respondents. This is borne by the Sinumpaang Salaysay of Alfredo Apuyan, who has Free Patent title to the land. 19 When she and her common-law husband separated, she said she continued possession of the 650 sq. m. portion with prior consent of one who had title to the land, Apuyan himself. It will be recalled that when private respondents filed a protest against Free Patent No. 037108-93-3230 issued to Alfredo Apuyan, the Department of Environment and Natural Resources declared that it was "crystal clear that the lot in dispute had already been patented and the corresponding title was already issued in favor of Apuyan. Hence, in the eyes of the law, the same became private land from the time the subject patent was issued." 20 It also bears stressing that even if a cancellation case were pending before the RTC on the land now in dispute, it is solely the Office of the Solicitor General who has authority to institute reversion proceedings or cancellation of title with respect to free patents. Thus, until and unless the RTC decides to cancel Free Patent 037108-93-3230 under OCT No. P-11962, 21 the titled owner, Alfredo Apuyan, has legal basis to assign petitioner as the caretaker of his land and for her to live in the area with the house she with her former live-in husband had built and therefore own. Petitioner has shown Alfredo Apuyan’s affidavit designating her as caretaker of the property. 22 It is quite obvious that unless private respondents overcome the absolute right of Apuyan as titled landowner, they are now without lawful basis to eject petitioner as, in fact, private respondents are legally still strangers to the land in question.

    In brief, as far as possession of the disputed lot is concerned, petitioner’s right to possess the portion consisting of 650 square meters with her home therein is clearly superior to private respondents, who live elsewhere separately. She justifiably has reason to claim that her possession can be validly tacked to the possession of the land by Apolinario Apuyan, 23 the father and predecessor-in-interest of the present titled owner, Alfredo Apuyan. We find no compelling reason in law and equity now to sustain the lower court’s ruling that will deprive her of hearth and home.cralaw : red

    WHEREFORE, the petition is GRANTED. The assailed decision dated November 15, 1995, and the resolution dated January 8, 1996, of the Court of Appeals are REVERSED and SET ASIDE. Private respondents are ordered to desist from ejecting petitioner Nepomucena Brutas from the house and lot she presently occupies.

    No pronouncement as to costs.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Bellosillo, Mendoza, Buena and De Leon, Jr., JJ., concur.

    Endnotes:



    1. Rollo, pp. 30-36.

    2. Id. at 38.

    3. CA Rollo, pp. 19-21.

    4. Id. at 23.

    5. Id. at 22.

    6. Id. at 42.

    7. Id. at 34.

    8. Rollo, pp. 34-35. (Stress supplied.)

    9. Id. at 19.

    10. Id. at 39.

    11. Id. at 40-41.

    12. Id. at 42.

    13. Id. at 49-50.

    14. Id. at 99.

    15. Id. at 100.

    16. Baylon v. Court of Appeals, G.R. No. 109941, 312 SCRA 502, 507 (1999).

    17. Baricuatro, Jr. v. Court of Appeals, G.R. No. 105902, 325 SCRA 137,145-146 (2000).

    18. See Del Mundo v. Court of Appeals, G.R. No. 108522, 252 SCRA 432, 442 (1996).

    19. Rollo, 42.

    20. CA Rollo, p. 16.

    21. Id. at 13.

    22. Id. at 14.

    23. Rollo, pp. 91-92.

    G.R. No. 123213   November 15, 2001 - NEPOMUCENA BRUTAS v. COURT OF APPEALS, ET AL.


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED