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FIRST DIVISION
G.R. Nos. 162335 & 162605 --- Severino M. Manotok IV, et al.,
Petitioners, versus Heirs of Homer
L. Barque, et al., Respondents.
Promulgated:
December 12, 2005
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SEPARATE OPINION
AZCUNA, J.:
From the record it appears undisputed that, as the LRA ruled and the CA affirmed, petitioners Manotoks' TCT No. RT-22481 [372302] is sham and spurious. For one thing, the property is purportedly located in barrio Payong, Quezon City, whereas no such barrio existed or exists therein. It is, therefore, in my view, unnecessary to go though the exercise of proving this matter again in the regular courts, as would ordinarily be required, since the point is indubitable.
I thus find applicable the ruling of this Court in Ortigas and Company Limited Partnership v. Veloso, [1] as it would be unjust in the circumstances to require respondents to undergo a time-consuming and pointless exercise to cancel an evidently sham and spurious title.
I, therefore, concur with Justice Consuelo Ynares-Santiago and vote to DENY the petitions.
ADOLFO S. AZCUNA
Associate Justice
