January 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 185603 : January 25, 2012]
REPUBLIC OF THE PHILIPPINES v. LOCAL SUPERIOR OF THE INSTITUTE OF THE SISTERS OF THE SACRED HEART OF JESUS OF RAGUSA
G.R. No. 185603 (Republic of the Philippines v. Local Superior of the Institute of the Sisters of the Sacred Heart of Jesus of Ragusa). - The petitioner, through the Office of the Solicitor General (OSG), assails the decision of the Court of Appeals (CA) promulgated on December 4, 2008 in CA-G.R. CV No. 90179, which affirmed the decision of the Municipal Circuit Trial Court (MCTC) of Silang-Amadeo, Silang, Cavite in LRC No. 2006-324/LRC Record No. N-77809 dated March 9, 2007.
The respondent, a religious organization, filed an application for registration of title over a parcel of land constituting about 11,782 square meters located at Barangay Lalaan 1, Silang, Cavite. It claimed that through its predecessor-in-interest, it has been in possession of the subject parcel of land in the concept of an owner for more than 50 years.
After due proceedings, the MCTC, in a Decision dated March 9, 2007, approved the respondent's application for registration of title.
On appeal, the CA affirmed the MCTC decision. Thus, the petitioner went up to this Court alleging that the applicant's period of possession is not sufficient to warrant registration of title in their name.
The respondent submitted their comment on the petition and a reply thereto was subsequently filed by the petitioner.
On May 30, 2011, the respondent through counsel filed a "Motion to Withdraw Application" dated May 23, 2011. Therein, counsel stated that on May 20, 2011, he received a request from the respondent for the withdrawal of its application for the titling of the subject property and prayed that the Court grant the same for all legal intent and purposes.
The Court required the petitioner to comment.
In a Manifestation dated December 2, 2011, the OSG found no objection to the motion maintaining its position that the respondent has no registrable title in the subject property, and submits the resolution thereof to the sound judgment of the Court. cralaw
PREMISES CONSIDERED and so as not to subvert justice in the instant case, the Court resolved to require the respondent itself, Local Superior of the Institute of the Sisters of the Sacred Heart of Jesus of Ragusa to CONFIRM the "Motion to Withdraw Application" earlier filed by its Counsel within 10 days from notice hereof. [Perlas-Bernabe, J., additional member vice Brion, J. �per Special Order No. 1174 dated 9 January 2012].
Very truly yours,
(Sgd.) TERESITA AQUINO TUAZON
Deputy Division Clerk of Court