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CA-G.R. SP Nos. 70014 and 104604 DECISION

CA-G.R. SP Nos. 70014 and 104604 DECISION

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Published by BLP Cooperative
1972-02-04 Agana Decision With Compromise Agreement
Null and Void / No Force and Effect
1972-02-04 Agana Decision With Compromise Agreement
Null and Void / No Force and Effect

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Published by: BLP Cooperative on Oct 15, 2011
Copyright:Public Domain

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04/30/2014

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REPUBLIC OF THE PHILIPPINES
COURT OF APPEALS
MANILASPECIAL FORMER SPECIAL FORMERSECOND DIVISIONREPUBLIC OF THE PHILIPPINES, CA-G.R. SP No. 70014Petitioner,Members:-versus- ABDULWAHID,Chairman,DE LEON,REGIONAL TRIAL COURT PERLAS-BERNABE,
JJ 
.OF PASAY CITY, BRANCH 111,NOW PRESIDED BY THE HON.ERNESTO A. REYES, ANACLETOMADRIGAL ACOPIADO,ANACLETO MADRIGAL ACOP,JULIAN M. TALLANO, REGISTEROF DEEDS OF THE PROVINCEOF RIZAL and REGISTER OFDEEDS OF THE PROVINCE OFBULACAN IN GUIGUINTO,BULACAN,Respondents.ERNESTO SOLIS, SR., TEODORO CA-G.R. SP No. 104604TAHANLANGIT, BERNADETTEBASS, FREDESVINDA MARCOS,FLORENTINO ABAYA, JR., ET AL.,Petitioners,-versus-MANILA INTERNATIONALAIRPORT AUTHORITY, LANDTRANSPORTATION OFFICE andPASAY CITY GOVERNMENT, Promulgated:Respondents. _________________
x----------------------------------------------------------------------x
DEC 11 2009
 
CA-G.R. SP Nos. 70014 and 104604 2DECISION
DECISION
DE LEON, M.M.
.:
Trial courts should exercise extreme caution in grantingpetitions for reconstitution of land titles, lest they becomeunwitting accomplices in the reconstitution of questionable landtitles, instead of being instruments in promoting the stability of our system of land registration.
1
Strict compliance with the jurisdictional requirements of the law in the reconstitution of atitle is vital, especially when the titles sought to be reconstitutedpurportedly cover vast tracts of land, as in the instant case.
2
 Absent compliance with these mandatory requirements forreconstitution, jurisdiction over the petition is not acquired.Consequently, when a court lacks jurisdiction to take cognizanceof a case, it lacks authority over the whole case and all itsaspects
3
and any proceeding had or any judgment, order, writ, orprocess emanating from said court is null and void and of noforce and effect.
Nature of the Consolidated Cases
CA-G.R. SP No. 70014 
is a petition
4
under Section 9(2) of the Judicial Reorganization Act of 1980
5
and Rule 47 of the Rulesof Court, filed by the Republic of the Philippines (“Republic”)through the Office of the Solicitor General (“OSG”), seeking theannulment of the following alleged decisions/ orders/ writs/ otherdocuments which were ordered reconstituted and, subsequently,
1
Republic of the Philippines vs. Planes 
, G.R. No. 130433, April 17, 2002, 382 SCRA215.
2
In this case, TCT No. 408 alone, which was reconstituted by the Deputy Register of Deeds of Rizal Province on December 14, 2001, purportedly covers
1,252,763,700(ONE BILLION TWO HUNDRED FIFTY-TWO MILLION SEVEN HUNDREDSIXTY-THREE THOUSAND SEVEN HUNDRED) square meters
of Metro Manila.
3
 
Pinza vs. Aldovino 
, No. L-25226, September 27, 1968, 25 SCRA 220.
4
Also known as “OSG Petition.” 
5
B.P. 129, as amended.
 
CA-G.R. SP Nos. 70014 and 104604 3DECISION
are sought to be implemented by respondents in LRC/ Civil CaseNo. 3957-P, to wit:1.
 
Decision with Compromise Agreement 
dated February 4,1972
6
consisting of 139 pages;2.
 
Clarificatory Order 
dated March 21, 1974
7
consisting of 30 pages;3.
 
Decision 
dated November 4, 1975
8
consisting of 44pages; and4.
 
Clarificatory Decision 
dated January 19, 1976
9
consistingof 60 pages.The petition also seeks to declare as null and void thefollowing writs, titles, and other documents purportedly issuedpursuant to the aforementioned assailed decisions and/or order:5.
 
Alleged
Entry of Judgment 
dated June 14, 1972
10
 consisting of 7/ 6
11
pages;6.
 
Alleged
Writ of Execution, Demolition and Possession 
 dated September 10, 1974
12
consisting of 14 pages;7.
 
Alleged
Certificate of Sheriff’s Return 
dated November17, 1974;
13
 
6
CA-G.R. SP No. 70014, Rollo, Vol. I, pp. 192-331; Annex A of OSG Petition;allegedly rendered by Judge Enrique A. Agana.
7
Id. at. 332-361; Annex B of OSG Petition; allegedly issued by Judge Enrique A.Agana.
8
Id. at 362-405; Annex C of OSG Petition; allegedly rendered by Judge Enrique A.Agana.
9
Id. at 406-461; Annex D of OSG Petition; allegedly rendered by Judge Enrique A.Agana; also referred to in some pleadings as “
Clarificatory Order 
” dated January 19,1976.
10
Id. at 462-473; Annex E/ E-1 of OSG Petition.
11
There are two versions - one, typewritten and the other, computerized - of whatpurports to be the same document, hence, the disparity in the number of pages.
12
CA-G.R. SP No. 70014, Rollo, Vol. I, pp. 474-486; Annex F of OSG Petition.
13
Id. at 487-493; Annex G of OSG Petition.

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