Professional Documents
Culture Documents
192450)
FACTS:
On March 8 1966, a parcel of land lacated in Alubijid, Misamis Oriental originally owned
by Lorenzo Coloso, Jr was sold to Ramon Jamis through execution of notarized deed of
conditional sale.
The sale became definite the day after. Subsequently, Jamis sold the subject property to
Jorge Tortola( herein respondent)
Tortola took possession of the property, paid its realty taxes due from 1975-2002.
However, the receipts for the payments still stated Coloso, Jr.s name, withthe exception
of Tax Declaration Nos. 942443, indicating Lorenzo Coloso, Jr. c/o Mr. Tortola and
026083, bearing the name of Jorge Tortola
Tortola moved to Bukidnon and left the subject lot under the care of Godofredo
Villaflores
Later, Atty. Pacana was informed of the desire of the heirs of Coloso to recover the
subject lot and notified Tortola through letter
Tortola sent, in reply, copy of the notarized deed of definite sale executed between the
latter and Jamis
On September 22 1993, application for free patent was filed by the Colosos with
Commnity of Environmental and Natural Resources in Cagayan De Oro City to obtain
title over the subject land
After survey was conducted, it was reported by the land investigator that the Colosos had
been in possession and cultivating the subject land
Colosos were recommended to be issued free patent
On December 14, 1994, Original Certificate of Title (OCT) No. P-20825 covering the
disputed property was issued in favor of the Heirs of Coloso, Jr
Colosos subsequently sold the land to Santiago Soquillo through execution of absolute
deed of sale
Soquillo, knowing there were other people in possession of the land, filed a complaint for
illegal detainer against spouses Villaflores
MTC Ruling
For failure of Villaflores to file an answer, the case was decided in favor of Soquillo.
Hence the former was ejected from the subject land
Upon knowing of the ejectment, Tortola filed with the Regional Trial Court of Branch 44,
Initao, Misamis Oriental a complaint against Coloso, the Heirs ofColoso, Jr., Soquillo,
and the MTC of Alubijid, Misamis Oriental for annulment of title/sale/judgment with
prayers for the issuance of injunctive reliefs and award of damages
RTC Ruling
Soquillo appealed to Court of Appeals, averring that the RTC erred in not finding that
Tortolas complaint stated no cause of action. He alleged that since Tortola sought the
cancellation of a free patent, not him but the State, was the real party-in interest.
He also argued that he was a purchaser in good faith and for value, thus, the RTCs order
to reconvey the disputed property and award damages in Tortolas favor was improper.
Ruling of Court of Appeals
ISSUES:
Whether or not the CA erred in:
not finding that the complaint states no cause of action;
not finding that the petitioner is a purchaser in good faith and for value;
awarding moral and exemplary damages and attorneys fees.