[G.R. No. 127022. November 14, 2000]

FIRESTONE CERAMICS, INC. vs. CA

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated NOV 14 2000.

G.R. No. 127022 (Firestone Ceramics, Inc. vs. CA.) and

G.R. No.127245 (Republic vs. CA.)

Francisco C. Nieto filed the instant petition/motion praying that he be allowed to intervene in these consolidated cases for having legal interest in the land subject of these cases. He alleges that the subject land forms part of the San Pedro Estate under "Composicion Con el estado" Titulo de Propriedad No. 4136 dated April 25, 1894 which is under his administration under Special Proceeding No.312-B. He prays for the annulment of our decision dated September 2, 1999 contending that the parties in the instant cases have no valid titles in their names in view of the existence of the titulo de propriedad no. 4136.

We deny Nieto's prayer.

It appears that Nieto is asking for the reconsideration of the Court's decision dated September 2, 1999, but he has no personality to do so considering that he was never a party in these consolidated cases, either in the Court of Appeals or in this Court. He cannot be allowed to intervene at this very stage of the proceedings, 1 Section 2 Rule 19 of the 1997 Rules of Court provides:

Section 2. Time to intervene- The motion to intervene may be filed at any time before rendition of judgment by the trial court. A copy of the pleading-in-intervention shall be attached to the motion and served on the original parties.and he has not shown legal interest in the subject matter of these cases considering that he failed to show the relevance of the alleged titulo de propriedad no. 4136 to the subject land after the same titulo had already been declared null and void in 1996. 2 Nieto relies on the titulo de propriedad no. 4136 which was already declared null and void in the case of Intestate estate of the late Don Mariano San Pedro y Esteban vs CA 265 SCRA 733 the dispositive portion reads

xxxx

In G R No 106496 judgment is hereby rendered as follows

(1) Titulo de Propriedad No 4136 is declared null and void, and therefore, no rights could be derived therefrom;

(2) All lands covered by Titulo de Propriedad No. 4136 are excluded from the inventory of the estate of the late Mariano San Pedro y Esteban;

(3) The petition for letters of administration, docketed as Special Proceedings No. 312-B, should be, as it is, hereby closed and terminated.

(4) The heirs, agents, privies and for anyone acting for and in behalf of the estate of the late Mariano San Pedro y Esteban are hereby disallowed to exercise any act of possession or ownership to otherwise, dispose of in any manner the whole or any portion of the estate covered by Titulo de Propriedad No. 4136; and they are hereby ordered to immediately vacate the same, if they or any of them are in possession thereof.

This judgment is immediately executory.

WHEREFORE, Francisco Nieto's prayer for reconsideration and intervention is DENIED for lack of merit.

Further, the Court Resolved to DENY the handwritten letter dated 11 October 2000 of Ms. Emiliana Acosta de FelicidarIo requesting that Mr. Francisco C. Nieto be furnished with resolutions/decisions at their given address, in view of the denial of the request.

The Court (a) NOTED and GRANTED the manifestation and motion to adopt comment dated 19 October 2000 filed by the Office of the Solicitor General for petitioner Republic of the Philippines requesting to comment on the manifestation and Motion filed by the Espinosas, in compliance with the resolution of 3 October 2000 and (b) GRANTED the letter dated 25 October 2000 of Mr. Rabbi E. Deloso of Romulo, Mabanta, Buenaventura, Sayoc & de los Angeles Law Offices, requesting photocopy of OCT No. 4216 allegedly contained in the records of these cases. Mendoza, J., is on leave, abroad.

Very truly yours,

(Sgd.) LUZVIMINDA D. PUNO

Clerk of Court


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