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(a) Upon receipt of the complete record or the record Rule 40, Section 7 is likewise jurisdictional since the
on appeal, the clerk of court of the Regional Trial Regional Trial Court can only resolve errors that are
Court shall notify the parties of such fact. specifically assigned and properly argued in the
memorandum.48 Thus, dismissals based on this rule
(b) Within fifteen (15) days from such notice, it shall are premised on the non-filing of the memorandum. A
be the duty of the appellant to submit a memorandum trial court does not acquire jurisdiction over an appeal
which shall briefly discuss the errors imputed to the where the errors have not been specifically assigned.
lower court, a copy of which shall be furnished by him
to the adverse party. Within fifteen (15) days from In this instance, a Memorandum of Appeal was filed
receipt of the appellant's memorandum, the appellee late but was nonetheless given due course by the
may file his memorandum. Regional Trial Court. Thus, the jurisdictional defect
was cured since petitioner was able to specifically
Failure of the appellant to file a memorandum shall be assign the Municipal Trial Court's errors, which the
a ground for dismissal of the appeal. Regional Trial Court was able to address and resolve.
This Court also notes that all substantial issues have
(c) Upon the filing of the memorandum of the already been fully litigated before the Municipal Trial
appellee, or the expiration of the period to do so, the Court, the Regional Trial Court, and the Court of
case shall be considered submitted for decision. The Appeals.
Regional Trial Court shall decide the case on the
basis of the entire record of the proceedings had in Procedural defects should not be relied on to defeat
the court of origin and such memoranda as are filed. the substantive rights of litigants. 49 Even procedural
(Emphasis supplied) rules of the most mandatory character may be
suspended where "matters of life, liberty, honor or
The rule requiring the filing of the memorandum within property"50 warrant its liberal application. Ginete v.
the period provided is mandatory. Failure to comply Court of Appeals51added that courts may also
will result in the dismissal of the consider:
appeal.45 Enriquez v. Court of Appeals46explained:
1. the existence of special or compelling pay or comply with the conditions of the lease and to
circumstances, (2) the merits of the case, (3) a cause vacate is made upon the lessee, or by serving written
not entirely attributable to the fault or negligence of notice of such demand upon the person found on the
the party favored by the suspension of the rules, (4) a premises, or by posting such notice on the premises if
lack of any showing that the review sought is merely no person be found thereon, and the lessee fails to
frivolous and dilatory[, and that] (5) the other party will comply therewith after fifteen (15) days in the case of
not be unjustly prejudiced thereby.52 land or five (5) days in the case of buildings.
Liberality in the application of Rule 40, Section 7 is The property in this case is owned by petitioner.
warranted in this case in view of the potential inequity Respondents had a month-to-month lease with
that may result if the rule is strictly applied. As will be petitioner's predecessor-in-interest. Petitioner
discussed later, petitioner's meritorious cause would contends that no prior demand was necessary in this
be unduly prejudiced if this case were to be dismissed case since her Complaint was premised on the
on technicalities. expiration of respondents' lease, not on the failure to
pay rent due or to comply with the conditions of the
II lease.
Possession of a property belonging to another may be The jurisdictional requirement of prior demand is
tolerated or permitted, even without a prior contract unnecessary if the action is premised on the
between the parties, as long as there is an implied termination of lease due to expiration of the terms of
promise that the occupant will vacate upon contract. The complaint must be brought on the
demand.53 Refusal to vacate despite demand will give allegation that the lease has expired and the lessor
rise to an action for summary ejectment. 54 Thus, prior demanded the lessee to vacate, not on the allegation
demand is a jurisdictional requirement before an that the lessee failed to pay rents. 55The cause of
action for forcible entry or unlawful detainer may be action which would give rise to an ejectment case
instituted. would be the expiration of the lease. Thus, the
requirement under Rule 70, Section 2 of a prior
Under Rule 70, Section 1 of the Rules of Civil "demand to pay or comply with the conditions of the
Procedure, an action for unlawful detainer may be lease and to vacate" would be unnecessary. 56
brought against a possessor of a property who
unlawfully withholds possession after the termination In Racaza v. Susana Realty, 57 the lessee was asked
or expiration of the right to hold possession. Rule 70, by the lessor to vacate since the lessor needed the
Section 2 of the Rules of Civil Procedure requires that property. In Labastida v. Court of Appeals,58the month-
there must first be a prior demand to pay or comply to-month lease was deemed to have expired upon
with the conditions of the lease and to vacate before receipt of the notice to vacate at the end of the month.
an action can be filed: In Tubiano v. Razo,59 the lessee was explicitly
informed that her month-to-month lease would not be
Section 1. Who may institute proceedings, and when. renewed.
- Subject to the provisions· of the next succeeding
section, a person deprived of the possession of any Admittedly, the Complaint60 in this case alleges that
land or building by force, intimidation, threat, strategy, petitioner's verbal consent and tolerance was
or stealth, or a lessor, vendor, vendee or other person withdrawn due to respondents' ''continuous failure
against whom the possession of any land or building ~nd adamant refusal to pay rentals"61 and allegations
is unlawfully withheld after the expiration 'or of accn1ed unpaid rentals from June 1989 to
te1mination of the right to hold possession, by virtue February 2009.62 The demand letter dated August 5,
of any contract, express or implied, or the legal 2008 also specifies that it was premised on
representatives or assigns of any such lessor, vendor, respondents' non-payment of the "reasonable
vendee, or other person, may, at any time within one compensation verbally agreed upon."63 This would
(1) year after such unlawful deprivation or withholding have been enough to categorize the complaint for
of possession, bring an action in the proper Municipal unlawful detainer as one for non-payment of rentals,
Trial Court against the person or persons unlawfully not one for expiration of lease.
withholding or depriving of possession, or any person
or persons claiming under them, for the restitution of However, respondents' Answer64 to the Complaint is
such possession, together with damages and costs. telling. Respondents admit that they only had a
month-to-month lease since 1969. They contend that
Section 2. Lessor to proceed against lessee only after they had been continuously paying their monthly rent
demand. - Unless otherwise stipulated, such action by until sometime in 2002, when petitioner refused to
the lessor shall be commenced only after demand to receive it. 65 Thus, as early as 2002, petitioner, as the
lessor, already refused to renew respondents' month-
to-month verbal lease. Therefore, respondents' lease
had already long expired before petitioner sent her
demand letters.
SO ORDERED.
G.R. No. 181368 February 22, 2012 payment of unearned income, attorney's fees and
costs of suit.
GEORGE S. TOLENTINO, MONICA S. TOLENTINO,
GUSTAVO S. TOLENTINO, JR., MA. MARJORIE S. Petitioners, as defendants in the trial court, averred in
TOLENTINO, MARILYN S. TOLENTINO, MICHAEL their Answer that the subject property is owned by the
GLEN S. TOLENTINO, MYLENE S. TOLENTINO, Republic and they are occupying the same by virtue
MILAGROS M. GUEVARRA, MA. VICTORIA T. of a Fishpond Lease Agreement entered with the
RAMIREZ, LORENZA T. ANDES, MICHAEL T. Department of Agriculture. Thus, their stay over the
MEDRANO and JACINTO T. property is lawful.
MEDRANO, Petitioners,
vs. On August 27, 1996, petitioners were declared in
PACIFICO S. LAUREL, HEIRS OF ILUMINADA default, for failure to appear at the pre-trial
LAUREL-ASCALON, CONSUELO T. LAUREL, conference. However, the trial court set aside the
BIENVENIDO LAUREL, HEIRS OF ARCHIMEDES default order and reset the pre-trial conference.
LAUREL, TEODORO LAUREL, FE LAUREL- Despite several resetting of the pre-trial conference of
LIMJUCO and CLARO LAUREL, Respondents. which petitioners were notified, petitioners failed to
appear. Hence, on March 21, 2000, the trial court
DECISION issued an Order allowing respondents to present their
evidence ex parte, instead of declaring petitioners in
PERALTA, J.: default.3
Before this Court is a petition for review After the ex parte hearing for the reception of
on certiorari under Rule 45 of the Rules of Court, evidence, the RTC ruled in favor of respondents, thus:
seeking to reverse and set aside the Decision1 and
Resolution2 of the Court of Appeals (CA), dated WHEREFORE, judgment is hereby rendered to wit:
October 18, 2007 and January 22, 2008, respectively,
in CA-G.R. CV No. 78676. (a) Ordering the defendants [petitioners
herein] George S. Tolentino, Monica S.
The factual milieu follows. Tolentino, Gustavo S. Tolentino, Jr., Ma.
Marjorie S. Tolentino, Marilyn S. Tolentino,
Respondents, in their complaint before the Regional Michael Glenn St. Tolentino and Mylene S.
Trial Court, alleged that they are the registered Tolentino, their assigns, heirs and
owners of a parcel of land situated representatives to leave and vacate the
in Barangay Balugo, Tagkawayan, Quezon, with an portions of land they are occupying which are
area of 1,056,275 square meters, covered by Transfer part of and inside Lot 647-E of the Subdivision
Certificate of Title (TCT) No. T-43927. For several Plan Csd-5627-D, covered by Transfer
years, petitioners have been in actual possession of Certificate of Title No. T-43927 of the Office of
the western portion of the said property with a total the Register of Deeds of Quezon immediately
area of 620,000 square meters which they tried to upon this decision becoming final and
develop into fishponds. In the years 1993 and 1994, executory;
respondents informed petitioners, through Gustavo C.
Tolentino, Sr. (Gustavo) who was then representing (b) Commanding the aforementioned
them, that the area they are occupying was inside the defendants [petitioners herein] jointly and
respondents' property and, therefore, they should severally, to pay the plaintiffs [respondents
vacate and leave the same. Gustavo, however, asked herein] the reasonable rental value of the
for time to verify respondents' claim. If found to be areas occupied by the aforesaid defendants
true, then the petitioners were willing to discuss with [petitioners herein] at the rate of ₱20,000.00
respondents the improvements that they have per annum from October 13, 1995 until
introduced on the subject area. Respondents have possession thereof is returned to the plaintiff.
waited for almost a year for the outcome of the [respondents herein]; and
intended verification, but they waited in vain until
Gustavo died. Petitioners continued to develop the (c) Enjoining the aforementioned defendants
area they were occupying into fishponds, thereby [petitioners herein] jointly and severally, to pay
manifesting their unwillingness to vacate the premises plaintiff [respondents herein] attorney's fees in
and restore the possession thereof in favor of the amount of ₱20,000.00, plus litigation
respondents. Hence, respondents filed a suit against expenses in the sum of ₱10,000.00.
petitioners to recover the property and demand
SO ORDERED.4
Aggrieved, petitioners challenged the trial court's resolution, and to enter into stipulations or admissions
decision before the CA. The CA dismissed petitioners' of facts and of documents.
appeal and affirmed the decision of the RTC. A
motion for reconsideration was filed by the petitioners, Section 5. Effect of failure to appear. − The failure of
but was denied by the CA for lack of merit. the plaintiff to appear when so required pursuant to
the next preceding section shall be cause for
Petitioners then filed this present Petition for Review dismissal of the action. The dismissal shall be with
on Certiorari under Rule 45, raising the following prejudice, unless otherwise ordered by the court. A
issues: similar failure on the part of the defendant shall be
cause to allow the plaintiff to present his evidence ex
1. WHETHER OR NOT PETITIONERS WERE parte and the court to render judgment on the basis
DENIED THEIR DAY IN COURT. thereof.
2. WHETHER OR NOT IT WAS PROPER TO From the foregoing, the failure of a party to appear at
INCLUDE THE GOVERNMENT THRU THE the pre-trial has adverse consequences. If the absent
DEPARTMENT OF AGRICULTURE IN THIS party is the plaintiff, then his case shall be dismissed.
CASE FOR A COMPLETE DETERMINATION If it is the defendant who fails to appear, then the
OF THE CASE. plaintiff is allowed to present his evidence ex parte
and the court shall render judgment on the basis
3. WHETHER OR NOT THE DOCTRINE OF thereof. Thus, the plaintiff is given the privilege to
EXHAUSTION OF ADMINISTRATIVE present his evidence without objection from the
REMEDIES FINDS APPLICATION IN THIS defendant, the likelihood being that the court will
CASE. decide in favor of the plaintiff, the defendant having
forfeited the opportunity to rebut or present its own
evidence.9
4. WHETHER OR NOT ACCION
PUBLICIANA WAS THE PROPER ACTION
TO BE INSTITUTED IN THIS CASE. In the case at bar, the trial court gave petitioners
every chance to air their side and even reconsidered
its first order declaring petitioners in default.
Petitioners maintain that they were denied their day in
Notwithstanding, petitioners and their counsel failed to
court, because they were not allowed to present their
take advantage of such opportunity and disregarded
evidence before the trial court which resulted in the
the legal processes, by continuously failing to appear
denial of their right to due process.
during the pre-trial of the case without any valid
cause. Clearly, when the trial court allowed the
We perused the records of the case and failed to see respondents to present evidence ex parte due to the
the lack of due process claimed by petitioners. On the continued failure of the petitioners to attend the pre-
contrary, petitioners were given more than ample trial conference, it did so in accordance with Rule 18
opportunity to be heard through counsel. Lest it be of the 1997 Rules of Civil Procedure and with due
forgotten, petitioners were first declared in default on regard to the constitutional guarantee of due process.
August 27, 1996, for their failure to appear at the pre- Plainly, petitioners cannot complain that they were
trial conference. However, the trial court set aside the denied due process. What the fundamental law
default order and the pre-trial conference was set and prohibits is total absence of opportunity to be heard.
reset for several times. Nonetheless, petitioners failed When a party has been afforded opportunity to
to appear on January 9, 1998,5 March 2, 1998,6 May present his side, he cannot feign denial of due
18, 1999,7 and March 21, 2000,8 prompting the trial process.10
court to allow the respondents to present their
evidence ex parte. Thereafter, judgment was
In The Philippine American Life & General Insurance
rendered.
Company v. Enario,11 the Court held that pre-trial
cannot be taken for granted. It is not a mere
Sections 4 and 5, Rule 18 of the Rules of Court technicality in court proceedings for it serves a vital
provides: objective: the simplification, abbreviation and
expedition of the trial, if not indeed its dispensation.
Section 4. Appearance of parties. − It shall be the The Court said that:
duty of the parties and their counsel to appear at the
pre-trial. The non-appearance of a party may be The importance of pre-trial in civil actions cannot be
excused only if a valid cause is shown therefor, or if a overemphasized. In Balatico v. Rodriguez, the Court,
representative shall appear in his behalf fully citing Tiu v. Middleton, delved on the significance of
authorized in writing to enter into an amicable pre-trial, thus:
settlement, to submit to alternative modes of dispute
Pre-trial is an answer to the clarion call for the speedy exhaust administrative remedies is fatal to the cause
disposition of cases. Although it was discretionary of the respondents, as this was not raised before the
under the 1940 Rules of Court, it was made trial court.
mandatory under the 1964 Rules and the subsequent
amendments in 1997. Hailed as "the most important In substance, the appeal of petitioners hinges on their
procedural innovation in Anglo-Saxon justice in the possession over the subject lot by virtue of an alleged
nineteenth century," pre-trial seeks to achieve the Fishpond Lease Agreement with the Department of
following: Agriculture. They questioned the validity of the
respondents' title by claiming that since the property is
(a) The possibility of an amicable settlement owned by the government, it is part of the public
or of a submission to alternative modes of domain and, therefore, cannot be privately owned by
dispute resolution; the respondents. The petitioners' submission is not
meritorious.
(b) The simplification of the issues;
It is a rule that a certificate of title cannot be the
(c) The necessity or desirability of subject of collateral attack. Section 48 of Presidential
amendments to the pleadings; Decree No. 1529 provides that:
(d) The possibility of obtaining stipulations or Section 48. Certificate not Subject to Collateral
admissions of facts and of documents to avoid Attack. - A certificate of title shall not be subject to
unnecessary proof; collateral attack. It cannot be altered, modified, or
canceled, except in a direct proceeding in accordance
(e) The limitation of the number of witnesses; with law.
(f) The advisability of a preliminary reference Petitioners' attack on the legality of TCT No. T-43927,
of issues to a commissioner; issued in the name of respondents, is incidental to
their quest to defend their possession of the property
in an accion publiciana, not in a direct action whose
(g) The propriety of rendering judgment on the
main objective is to impugn the validity of the
pleadings, or summary judgment, or of
judgment granting the title.14 To permit a collateral
dismissing the action should a valid ground
attack on the title, such as what petitioners attempt,
therefor be found to exist;
would reduce the vaunted legal indefeasibility of a
Torrens title to meaningless verbiage.15
(h) The advisability or necessity of suspending
the proceedings; and
It must be pointed out that notwithstanding petitioners'
submission that the subject property is owned by the
(i) Such other matters as may aid in the Republic, there is no showing that the Office of the
prompt disposition of the action.12 Solicitor General (OSG) or its representatives initiated
an action for reversion of the subject property to
Petitioners' repeated failure to appear at the pre-trial become part of the public domain. All actions for the
amounted to a failure to comply with the Rules and reversion to the Government of lands of the public
their non-presentation of evidence before the trial domain or improvements thereon shall be instituted
court was essentially due to their fault. by the Solicitor General or the officer acting in his
stead, in the proper courts, in the name of the
Petitioners' assertion that it was necessary to include Republic of the Philippines.16 Unless and until the land
the government, through the Department of is reverted to the State by virtue of a judgment of a
Agriculture, as a party to the case, in order to have a court of law in a direct proceeding for reversion, the
complete determination of the case, is specious, as Torrens certificate of title thereto remains valid and
the same was never raised before the RTC and the binding against the whole world.17
CA. It is settled that points of law, theories, issues and
arguments not brought to the attention of the lower Besides, it must be emphasized that the action filed
court need not be, and ordinarily will not be, before the trial court is an accion publiciana, which is
considered by a reviewing court, as they cannot be a plenary action for recovery of possession in an
raised for the first time at that late stage. Basic ordinary civil proceeding in order to determine the
considerations of due process impel this rule. 13 better and legal right to possess, independently of
title.18 The objective of the plaintiffs in an accion
In the same manner, the Court cannot consider publiciana is to recover possession only, not
petitioners' allegation that respondents’ failure to ownership. However, where the parties raise the
issue of ownership, the courts may pass upon the As a final note, the Court finds no factual and legal
issue to determine who between the parties has the basis for the award of attorney’s fees and litigation
right to possess the property. This adjudication, expenses. The settled rule is that the matter
however, is not a final and binding determination of of attorney’s fees cannot be mentioned only in the
the issue of ownership; it is only for the purpose of dispositive portion of the decision. The same goes for
resolving the issue of possession, where the issue of the award of litigation expenses.26 The reasons or
ownership is inseparably linked to the issue of grounds for the award thereof must be set forth in the
possession. The adjudication of the issue of decision of the court.27 The discretion of the court to
ownership, being provisional, is not a bar to an action award attorney's fees under Article 2208 of the Civil
between the same parties involving title to the Code demands factual, legal, and equitable
property.19 justification, without which the award is a conclusion
without a premise, its basis being improperly left to
It is undisputed that the subject property is covered by speculation and conjecture.28
TCT No. T-43927, registered in the name of the
respondents. On the other hand, petitioners do not
1âwphi1 In the present case, the award of attorney's fees and
claim ownership, but allege that they are leasing the litigation expenses was mentioned only in the
portion they are occupying from the government. dispositive portion of the RTC decision without any
prior explanation and justification in its body, hence,
Respondents' title over the subject property is the same is baseless and must be deleted.
evidence of their ownership thereof. It is a
fundamental principle in land registration that the WHEREFORE, the petition is DENIED. The Decision
certificate of title serves as evidence of an and Resolution of the Court of Appeals, dated
indefeasible and incontrovertible title to the property in October 18, 2007 and January 22, 2008, respectively,
favor of the person whose name appears therein. 20 It is in CA-G.R. CV No. 78676,
conclusive evidence with respect to the ownership of are AFFIRMED with MODIFICATION that the award
the land described therein.21 It is also settled that the of attorney’s fees and litigation expenses
titleholder is entitled to all the attributes of ownership is DELETED.
of the property, including possession. 22 Thus, the Court
held that the age-old rule is that the person who has a
Torrens title over a land is entitled to possession
thereof.23
Accion Publiciana: its nature and purpose At any rate, petitioners, as private individuals, are not the
proper parties to question the status of the respondent’s
Also known as accion plenaria de posesion, accion registered titles. Section 6 of P.D. No. 127114 expressly
publiciana is an ordinary civil proceeding to determine the states that the “Solicitor General shall institute such
better right of possession of realty independently of title. It actions or suits as may be necessary to recover possession
refers to an ejectment suit filed after the expiration of one of lands covered by all void titles not validated under this
year from the accrual of the cause of action or from the Decree.”
unlawful withholding of possession of the realty.
The respondent’s certificates of title
The objective of the plaintiffs in accion publiciana is to give her the better right to possess
recover possession only, not ownership. When parties, the subject parcels of land
however, raise the issue of ownership, the court may pass
upon the issue to determine who between the parties has It is settled that a Torrens title is evidence of indefeasible
the right to possess the property. This adjudication, title to property in favor of the person in whose name the
nonetheless, is not a final and binding determination of the title appears. It is conclusive evidence with respect to the
issue of ownership; it is only for the purpose of resolving ownership of the land described therein. It is also settled
the issue of possession, where the issue of ownership is that the titleholder is entitled to all the attributes of
inseparably linked to the issue of possession. The ownership of the property, including possession. Thus,
adjudication of the issue of ownership, being provisional, is in Arambulo v. Gungab,15 this Court declared that the “age-
not a bar to an action between the same parties involving old rule is that the person who has a Torrens title over a
title to the property. The adjudication, in short, is not land is entitled to possession thereof.”16
conclusive on the issue of ownership.12
The records show that TCT No. T-1393517 and TCT No. T-
In her complaint, Crisologo prayed that she be declared in 1393618 bear the name of Carmeling P. Crisologo, as the
prior actual possession of the properties in dispute and that registered owner. Petitioners do not dispute the fact that
petitioners vacate the same and demolish their houses she has a Torrens title over the subject parcels of land.
therein. She alleged, among others, that she was the
registered owner of the subject parcels of land and that The respondent’s Torrens certificates of title
petitioners unlawfully entered her properties by stealth, are immune from a collateral attack.
force and without her prior consent and knowledge. Clearly,
she primarily wanted to recover possession of the subject As a holder of a Torrens certificate of title, the law protects
Crisologo from a collateral attack on the same. Section 48 has been paying the realty taxes on the said
of P.D. No. 1529, otherwise known as the Property properties since 1969. She likewise appointed
Registration Decree, provides that a certificate of title Isican as administrator of the disputed lands. More
cannot be the subject of a collateral attack. Thus: chanroblesvirtuallawl ibrary importantly, there is no question that she offered
to sell to petitioners the portions of the subject
SEC. 48. Certificate not subject to collateral attack. properties occupied by them. Hence, she deserves
– A certificate of title shall not be subject to to be respected and restored to her lawful
collateral attack. It cannot be altered, modified, possession as provided in Article 539 of the New
or canceled except in a direct proceeding in Civil Code.20
accordance with law.
WHEREFORE, the petition is DENIED.
This rule has been applied in innumerable cases, one of SO ORDERED.
which was Francisco Madrid v. Spouses Mapoy,19 where it
was written:chanroblesvirtuallawlib rary
WHEREFORE, the instant appeal is DENIED. The In this case, Spouses Gumallaoi presented
January 21, 2010 Decision of Regional Trial Court, sufficient evidence to show that the Heirs of
Branch 19, Bangui, Ilocos Norte in Civil Case No. Cascayan obtained their title through fraud and
944-19 is hereby AFFIRMED.33 misrepresentation. We quote with approval the
following observations of the RTC, viz.:
In a Resolution34 dated February 25, 2014, the Court of
Appeals also denied the Cascayan Heirs' motion for At this juncture, it is noteworthy that Tax
reconsideration for lack of merit. Declaration No. 03-006-00652, series of
2003 in the name of the Heirs of
On April 10, 2014, the Cascayan Heirs filed a petition Cayetano Cascayan who obviously
before this Court assailing the Court of Appeals Decision secured the same for purposes (of) their
and Resolution. Petitioners argue that regardless of any application for free patent, was not also
application for free patent that may have been filed, Lot earlier declared in the name of either
No. 20028 had long been owned by Cayetano since Marcelino Alupay or Cayetano Cascayan.
1925.35 This is shown by evidence submitted to the A perusal of the evidences [sic] of the
Regional Trial Court, namely, a Tax Declaration for the defendants spouses . . . show that the
year 1925 and the presence of the debris of his residence, owner was unknown. In fact, as shown in
still intact on Lot No. 20028.36 Moreover, petitioners insist Tax Declaration No. 97-006-00654, it
that it has been proven that they have possessed Lot No. preceded Tax Declaration No. 03-006-
20028 since time immemorial.37 They also claim that none 00652 which is the same tax declaration
of the evidence shows that respondents own Lot No. issued to the plaintiffs in 2003 before
20028. They point out that affidavits retracting the they applied for the free patent. It is thus
affidavits of waiver have been submitted to the Court of clear that, the lot being declared then to
Appeals,38 explaining that the signatories of the affidavits an unknown person, plaintiffs took it
of waiver did not understand what they signed.39 upon themselves and claimed it, secured
a tax declaration in their name in 2003 Affidavit he executed on September 19,
and applied thereafter for a free patent 2007, he alleged that he had no
therefor the following year. knowledge of the contents of what he
signed and that it was not explained to
In other words, plaintiffs obviously him.44
applied for a free patent without any
basis. It is clear from their evidence that
However, petitioners ask that this Court reverse the Court
they were never in possession of the
of Appeals' determination, insisting that regardless of any
property in suit before they applied for
impropriety in the filing of an application for a free patent,
the free patent. While plaintiffs submitted
they have proven that they owned Lot No. 20028. They
affidavits to show that they have
assert that they have established that Lot No. 20028 had
occupied and cultivated Lot No. 20028
long been owned by Cayetano since 192545 and that they
and that it was declared in the name of
have possessed it since time immemorial,46 whereas none
the heirs of Cayetano Cascayan in
of the evidence shows that respondents ever owned it.
support of their application for free
Petitioners also insist that the affidavits of waiver should
patent, it appears that such evidences
not have been given weight by the Court of Appeals,
(sic) have been manipulated. It appears
considering that affidavits retracting the affidavits of
that while they were not in fact
waiver have been submitted to it.47
cultivating the property and that it was
declared in the name of the heirs of
These issues require this Court to review the Court of
Cayetano Cascayan only in 2003, they
Appeals' appreciation of evidence. The Court of Appeals
were able to present false information
found that the evidence did not sufficiently prove
about their true status as claimants. In
petitioners' claims of possession or ownership over Lot No.
fact, Estrelita Balbag and Jalibert Malapit,
20028:
who then in the year 2004 attested in
support of plaintiffs' application for free
patent that plaintiffs and their The records are also bereft of evidence showing
predecessor have been in continuous that the Heirs of Cascayan or their predecessor-
possession of Lot No. 20028 since 1944 in-interest had been in possession of Lot No.
or 1945, have retracted their said 20028. There was not even an allegation on how
Affidavits. Thus, in the subsequent Cayetano took possession of the land and in what
Affidavits they have executed on way he derived his title thereto. Interestingly, the
September 19, 2007 which defendants Heirs of Cascayan merely based their claim of
spouses submitted in support of their possession on a series of tax declarations
claim, Estrelita Balbag on her part alleged purportedly showing that Cayetano, their
that she has no knowledge about the predecessor-in-interest, had been religiously
contents of her earlier affidavit which was paying the taxes thereof and even built a
not explained to her and that she is not residential house thereon. However, and as aptly
aware of the matters concerning Lot No. noted by the RTC, these tax declarations are full
20028 while Jalibert Malapit stated that of inconsistent entries that were never explained
his signature on the Affidavit is not his and only cast doubt as to the identity of the land
real signature. being claimed by the Heirs of Cascayan.48
Likewise, Barangay Chairman Christopher The Court of Appeals noted that the only basis for the
Malapit also retracted the Certification he petitioners' claim of possession was tax declarations,
issued on March 24, 2004 in support [of] which the Court of Appeals scrutinized:
the application of the plaintiffs for free
patent by stating in his subsequent A careful perusal of the tax declarations bearing
Affidavit dated September 19, 2007 also the name of Cayetano and having similar
submitted by defendants spouses that boundaries reveal that TD No. 601683 (series of
there was no posting made of the notice 1985) covered 1,940 sq. m. It cancelled TD No.
of application for free patent and that 501883, not TD No. 005179. On the other hand,
when he was asked to sign by Elsa TD No. 005179 (series of 1949), stating an area
Martinez, daughter of La Paz Martine[z], of 1,950 sq. m., cancelled TD No. 28278-B (series
he was not aware of the contents of the of 1932) that has an area of 1,600 sq. m. TD No.
Certification and that he was made to 28278-B cancelled TD No. 28278-A (series of
believe that it will be used for another 1926) which bore the same dimension and had
purpose than an application for free cancelled TD No. 28278. We emphasize that TD
patent.. . No. 03-006-00652 (series of 2003) in the name
of the Heirs of Cascayan covers an area of 1,083
Also, Marcelino Alupay retracted the sq. m. and was not earlier declared in the name
Affidavit which he executed on March 24, of either Cayetano or even Marcelino who
2004 in favor of the plaintiffs in allegedly applied, though erroneously, a patent
connection with their application for free for Lot No. 20028. Obviously, its area is
patent stating that there was mistake in substantially different from that originally
placing his name as survey claimant and declared in the name of Cayetano . . .
that the lot applied for is in the actual
possession and cultivation of the heirs of ....
Cayetano Cascayan. Thus, in another
However, TD No. 97-006-00654 was declared to Cascayan, particularly Virginia Abida, Irineo
an unknown owner in 1997 and it cancelled TD Tolentino, Nena Valiente Alupay, Orlino Valinete
No. 94-006-00651 which was likewise declared to and Eden Jacinto, recognizing Jose and Spouses
an unknown owner in 1994, and both covered an Gumallaoi's ownership over Lot No. 20028 and
area of 1,803 sq. m. The Heirs of Cascayan never admitting that it was erroneous on their part to
bothered to explain why Lot No. 20028 was apply for a free patent over the said lot. Also
declared to an unknown owner despite their claim worthy of note is the statement by the Heirs of
that they had been in possession of the same Cascayan in their application alleging that the
since 1942. It is also intriguing that despite the land was public and that no person was claiming
resurvey of the land in 1982, which was used by or occupying the same notwithstanding that
the Heirs of Cascayan in their free patent Spouses Gumallaoi's house was already visibly
application, showing an area of 1,083 sq. m., the erected therein even before the application was
land was allegedly declared in the name of filed in 2003. With these striking
Cayetano in 1985 but still bearing an area of misrepresentations, We uphold the court a quo's
1,940 sq. m. The 1985 tax declaration in the findings that the application for free patent by the
name of Cayetano was likewise silent as to the lot Heirs of Cascayan was not supported by any valid
number of the land being declared for tax basis warranting the cancellation of their title
purposes and it appears therefrom that said lot over the subject property.51
was bounded on the south and west by the land
owned by Pedro and on the east by the land
Petitioners insist that the Court of Appeals should have
owned by Bernardo Acido. In contrast thereto, the
considered the new affidavits submitted by petitioners,
survey conducted in 1982 showed that Lot No.
retracting the affidavits of waiver it previously
20028 is bounded on the east by an alley and not
appreciated.52 Again, this is a matter of appreciation of
by any private land. It is quite plain from the
evidence, not a question of law, and not a proper subject
foregoing observations, and as correctly pointed
of review.
out by the court a quo, that "there is clear and
serious disconnect in their claim that the parcel of
The Court of Appeals found that respondents, on the other
land declared earlier in the name of Cayetano, is
hand, sufficiently identified Lot No. 20028 and proved
the same as Lot No. 20028".49
their title thereto:
The Court of Appeals thoroughly examined the evidence In contrast, the right to possession of Spouses
submitted by petitioners and found it lacking in probative Gumallaoi of the subject property is hinged on
value to prove petitioners' ownership over Lot No. 20028. the "Recibo Ti Pinaglako Ti Daga" (Receipt for the
Rather than prove their ownership, it cast doubt on the Sale of Land) dated January 3, 2002. The
title over Lot No. 20028. boundaries stated in the said receipt are more in
accord with TD Nos. 97-006-00654 and 94-006-
Petitioners attempt to address the foregoing 00651 as well as with the resurvey of the lot as it
inconsistencies: appears in the description stated in OCT No. P-
78399. Also bolstering Spouses Gumallaoi's claim
As to the discrepancy of the area, and which also of ownership over the subject property pursuant
bothered the Honorable Court of Appeals, it must to the said sale are the waiver of rights and the
be noted that indeed the survey was conducted in acknowledgment of Spouses Gumallaoi's
the year 1982 (November 2-25, 1982), but it was ownership by the grandchildren of Cayetano
only approved in October 12, 1984. There was as earlier mentioned, and the Affidavit of Barangay
yet no ROAD then, as it could be seen in the Chairman Christopher stating that Spouses
boundaries of the earlier issued Tax Declarations, Gumallaoi's predecessor-in-interest, Raymundo,
but it is still within the allowable area of relevance was the actual possessor and occupant of Lot No.
and proximity. The present area could be properly 20028 since 1940 up to the time that Jose
explained with the existence of a road therein as questioned the legality of his possession. The
shown in the Survey Plan submitted by the Heirs of Cascayan did not bother to rebut these
Commissioner of the case, but the debris of the allegations and during the March 8, 2008 hearing,
improvements – "House and Kitchen" having been their lawyer brought to the attention of the RTC
put up by Cayetano Cascayan in his lifetime, Raymundo's possession of the subject lot, thus:
could not be denied, which serves as a monument
of ownership in fee simple.50
The Court: That's why the Court is
The assertions that a road may explain the inconsistencies asking the plaintiffs to
are mere factual allegations, not well-substantiated or
adequately discussed fact. They are insufficient to compel
submit the complete
this Court to review the Court of Appeals' appreciation of records of the
the evidence as to the identity of the property covered by application for
the tax declarations in relation to Lot No. 20028.
registration and for the
The Court of Appeals also considered the waivers defendants to show
submitted in evidence by the parties:
documents of
The Court cannot also close its eyes to the Waiver ownership of their
of Rights executed by some of the Heirs of
predecessors-in- The Court: Tenant?
interest, meaning Jose
Corpuz and Pedro
Corpuz. Atty. Yes[,] your Honor. And
Garvida: he is already tilling a
portion of said lot, the
Arty. Yes[,] your honor. And subject of this case
Guillermo: this controversy arisen since Jose Corpuz . . .
(Counsel (sic) when Mr. It's been a long time[,]
for the Raymundo Garcia left your [H]onor[,] that
Heirs of for Hawaii and the he has been tilling the
Cascayan) son-in-law came in said parcel of land. So
and possessed the he knows very well
property in 1997 and a that it belongs to Jose
residential . . . Corpuz.
....
The Court: The father of Evelyn Although not raised as an issue before this Court, it
nonetheless bears emphasizing that when a complaint for
Garcia? recovery of possession is filed against a person in
possession of a parcel of land under claim of ownership,
he or she may validly raise nullity of title as a defense
and, by way of counterclaim, seek its cancellation.
In Heirs of Santiago v. Heirs of Santiago:54
Atty. Yes[,] your Honor, and
Guillermo: it was only in 2002 A certificate of title issued under an
that they got married administrative proceeding pursuant to a
homestead patent covering a disposable public
with said Gumallaoi land within the contemplation of the Public Land
and that was the Law or Commonwealth Act No. 141 is as
indefeasible as a certificate of title issued under a
starting point of this judicial registration proceeding. Under the Land
controversy . . . Registration Act, title to the property covered by
a Torrens certificate becomes indefeasible after
the expiration of one year from the entry of the
decree of registration. Such decree of registration
is incontrovertible and becomes binding on all
Atty. We would like to persons whether or not they were notified of, or
participated in, the in rem registration process.
Garvida: manifest[,] your There is no specific provision in the Public Land
Honor[,] that Law or the Land Registration Act (Act 496), now
Raymundo Garcia is Presidential Decree 1529, fixing a similar one-
year period within which a public land patent can
the tenant of Jose be considered open to review on the ground of
Corpuz[.] actual fraud (such as that provided for in Section
38 of the Land Registration Act, and now Section
32 of Presidential Decree 1529), and clothing a
public land patent certificate of title with
indefeasibility. Nevertheless, this Court has it were an independent action. Moreover, since all
repeatedly applied Section 32 of Presidential the facts necessary in the determination of the
Decree 1529 to a patent issued by the Director of title's validity are now before the Court, it would
Lands, approved by the Secretary of Natural be in the best interest of justice to settle this
Resources, under the signature of the President of issue which has already dragged on for 19
the Philippines. The date of the issuance of the years.55 (Emphasis in the original, citations
patent corresponds to the date of the issuance of omitted)
the decree in ordinary cases. Just as the decree
finally awards the land applied for registration to
In Firaza, Sr. v. Spouses Ugay,56 this Court explained:
the party entitled to it, the patent issued by the
Director of Lands equally and finally grants and
conveys the land applied for to the applicant. In Arangote v. Maglunob, the Court, after
distinguishing between direct and collateral
The one-year prescriptive period, however, does attack, classified a counterclaim under
not apply when the person seeking annulment of former, viz.:
title or reconveyance is in possession of the lot.
This is because the action partakes of a suit to The attack is considered direct when the
quiet title which is imprescriptible. In David v. object of an action is to annul or set
Malay, we held that a person in actual possession aside such proceeding, or enjoin its
of a piece of land under claim of ownership may enforcement. Conversely, an attack is
wait until his possession is disturbed or his title is indirect or collateral when, in an action to
attacked before taking steps to vindicate his right, obtain a different relief, an attack on the
and his undisturbed possession gives him the proceeding is nevertheless made as an
continuing right to seek the aid of a court of incident thereof. Such action to attack
equity to ascertain and determine the nature of a certificate of title may be an
the adverse claim of a third party and its effect on original action or a counterclaim, in
his title. which a certificate of title is assailed
as void.
....
In the recent case of Sampaco v. Lantud, the
In the case at bar, inasmuch as respondents are Court applied the foregoing distinction
in possession of the disputed portions of Lot and held that a counterclaim, specifically one for
2344, their action to annul Original Certificate of annulment of title and reconveyance based on
Title No. P-10878, being in the nature of an fraud, is a direct attack on the Torrens title upon
action to quiet title, is therefore not barred by which the complaint for quieting of title is
prescription. premised. Earlier in, Development Bank of the
Philippines v. CA, the Court ruled similarly and
Section 48 of P.D. 1529, the Property Registration explained thus:
Decree, provides that a certificate of title shall not
be subject to collateral attack and [cannot] be
Nor is there any obstacle to the
altered, modified, or canceled except in a direct
determination of the validity of TCT No.
proceeding. An action is an attack on a title when
10101. It is true that the indefeasibility of
the object of the action is to nullify the title, and
torrens title cannot be collaterally
thus challenge the judgment or proceeding
attacked. In the instant case, the original
pursuant to which the title was decreed. The
complaint is for recovery of possession
attack is direct when the object of an action is to
filed by petitioner against private
annul or set aside such judgment, or enjoin its
respondent, not an original action filed by
enforcement. On the other hand, the attack is
the latter to question the validity of TCT
indirect or collateral when, in an action to obtain
No. 10101 on which petitioner bases its
a different relief, an attack on the judgment or
right. To rule on the issue of validity in a
proceeding is nevertheless made as an incident
case for recovery of possession is
thereof.
tantamount to a collateral attack.
However, it should not [b]e overlooked
In this case, while the original complaint filed by
that private respondent filed a
the petitioners was for recovery of possession,
counterclaim against petitioner, claiming
or accion publiciana, and the nullity of the title
ownership over the land and seeking
was raised merely as respondents' defense, we
damages. Hence, we could rule on the
can rule on the validity of the free patent and
question of the validity of TCT No. 10101
OCT No. P-10878 because of the counterclaim
for the counterclaim can be considered a
filed by respondents. A counterclaim can be
direct attack on the same[.]
considered a direct attack on the title.
In Development Bank of the Philippines v. Court
of Appeals, we ruled on the validity of a certificate The above pronouncements were based on the
of title despite the fact that the nullity thereof well-settled principle that a counterclaim is
was raised only as a counterclaim. It was held essentially a complaint filed by the defendant
that a counterclaim is considered a complaint, against the plaintiff and stands on the same
only this time, it is the original defendant who footing as an independent action.57 (Emphasis in
becomes the plaintiff. It stands on the same the original and supplied, citations omitted)
footing and is to be tested by the same rules as if
Section 48 of P.D. 1529, the Property
Thus, this Court reiterated Heirs of Santiago58 in the case Registration Decree, provides that a
of Sampaco v. Hadji Serad Mingca Lantud:59 certificate of title shall not be subject to
collateral attack and cannot be altered,
Further, petitioner contends that the Court of modified, or canceled except in a direct
Appeals erred in ruling that petitioner's proceeding. An action is an attack on
counterclaim is time-barred, since the one-year a title when the object of the action
prescriptive period does not apply when the is to nullify the title, and thus
person seeking annulment of title or challenge the judgment or
reconveyance is in possession of the lot, proceeding pursuant to which the
citing Heirs of Simplicio Santiago v. Heirs of title was decreed. The attack is direct
Mariano E. Santiago. Petitioner also contends when the object of an action is to
that the Court of Appeals erred in ruling that the annul or set aside such judgment, or
counterclaim in this case is a collateral attack on enjoin its enforcement. On the other
respondent's title, citing Cimafranca v. hand, the attack is indirect or collateral
Intermediate Appellate Court. Petitioner cites when, in an action to obtain a different
the case of Heirs of Simplicio Santiago v. relief, an attack on the judgment or
Heirs of Mariano E. Santiago, which held that a proceeding is nevertheless made as an
counterclaim can be considered a direct attack on incident thereof.
the title.
A counterclaim can be considered a
The Court notes that the case of Cimafranca v. direct attack on the
Intermediate Appellate Court, cited by the title. In Development Bank of the
Court of Appeals to support its ruling that the Philippines v. Court Appeals, we ruled on
prayer for the cancellation of respondent's title the validity of a certificate of title despite
through a counterclaim included in petitioner's the fact that the nullity thereof was
Answer is a collateral attack on the said title, is raised only as a counterclaim. It was
inapplicable to this case. held that a counterclaim is
In Cimafranca, petitioners therein filed a considered a complaint, only this
complaint for Partition and Damages, and time, it is the original defendant who
respondents therein indirectly attacked the becomes the plaintiff. It stands on
validity of the title involved in their counterclaim. the same footing and is to be tested
Hence, the Court ruled that a Torrens title cannot by the same rules as if it were an
be attacked collaterally, and the issue on its independent action[.]
validity can be raised only in an action expressly
instituted for that purpose. The above ruling of the court on the definition of
collateral attack under Section 48 of P.D. No.
Here, the case cited by petitioner, Heirs of 1529 was reiterated in Leyson v. Bontuyan,
Simplicio Santiago v. Heirs of Mariano E. Heirs of Enrigrre Diaz v. Virata, Arangote v.
Santiago, declared that the one-year prescriptive Maglunob, and Catores v.
period does not apply when the party seeking Afidchao.60(Emphasis in the original, citations
annulment of title or reconveyance is in omitted)
possession of the lot, as well as distinguished a
collateral attack under Section 48 of PD No. 1529
from a direct attack, and held that a counterclaim Thus, the Court of Appeals did not commit an error of law
may be considered as a complaint or an in sustaining the cancellation of OCT No. P-78399,
independent action and can be considered a direct pursuant to respondents' counterclaim, and in its
attack on the title, thus: determination that petitioners obtained it fraudulently.
The one-year prescriptive period, The presence of fraud is a factual question. It must be
however, does not apply when the established through clear and convincing evidence, though
person seeking annulment of title or the circumstances showing fraud may be varied:61
reconveyance is in possession of the
lot. This is because the action partakes We begin our resolution of this issue with the
of a suit to quiet title which is well-settled rule that the party alleging fraud or
imprescriptible. In David v. Malay, we mistake in a transaction bears the burden of
held that a person in actual possession of proof. The circumstances evidencing fraud are as
a piece of land under claim of ownership varied as the people who perpetrate it in each
may wait until his possession is disturbed case. It may assume different shapes and forms;
or his title is attacked before taking steps it may be committed in as many different ways.
to vindicate his right, and his undisturbed Thus, the law requires that it be established by
possession gives him the continuing right clear and convincing evidence.62
to seek the aid of a court of equity to
ascertain and determine the nature of the In Republic v. Heirs of Alejaga, Sr.,63 this Court
adverse claim of a third party and its considered several circumstances as evidence that a free
effect on his title. patent had been obtained through fraud. It noted the
discrepancy between the date the application was filed
.... and the date the investigation and verification were done.
Also, the verification and investigation report supposedly
conducted by the Land Inspector was not signed. Finally,
a special investigator testified that the Land Inspector
admitted to not actually conducting an investigation or an
ocular inspection of the land, and this testimony remained
unrebutted.64
SO ORDERED.
G.R. No. 202448 respondents did not attempt to enter the properties as
they already intentionally relinquished their interests
JOSEPH O. REGALADO, Petitioner, thereon.
vs.
EMMA DE LA RAMA VDA. DE LA Thereafter, petitioner filed a Motion to Dismiss11 on the
PENA,1 JESUSA2 DE LA PENA, JOHNNY DE LA ground, among others, that the RTC has no
PENA, JOHANNA DE LA PENA, JOSE DE LA jurisdiction over the subject matter of the case.
PENA, JESSICA DE LA PENA, and JAIME Petitioner posited that based on the allegations in the
ANTONIO DE LA PENA, Respondents. Complaint, the action involved recovery of physical
possession of the properties in dispute; said
DECISION Complaint was also filed within one year from the date
the parties had a confrontation before
DEL CASTILLO, J.: the Barangay; and thus, the case was one for
Ejectment and must be filed with the proper Municipal
Trial Court (MTC).
This Petition for Review· on Certiorari seeks to
reverse and set aside the May 28, 2012 Decision3 of
the Court of Appeals (CA) in CA-G.R. CV No. 02994, In their Reply,12 respondents alleged that the waiver of
which affirmed the January 20, 2009 Decision4 of the rights in favor of Jaime was conditioned on the
Regional Trial Court (RIC) of Bacolod City, Branch 42 payment of their ₱6.7 million loan with the Republic
in Civil Case No. 98-10187 for."Recovery of Planters Bank (RPB) and Philippine National Bank
Possession and Damages with Injunction." (PNB); and, in case the subject properties would be
sold, its proceeds shall be equally distributed to
respondents. They further stated that such waiver
Factual Antecedents
bestowed rights over the properties solely upon
Jaime. They added that the subsequent waiver
Emma, Jesusa, Johnny, Johanna, Jose, Jessica, and executed by Jaime to petitioner should have been
Jaime Antonio (Jaime), all surnamed de la Pena with conformity of the banks where the properties
(respondents), are the registered owners of two were mortgaged; and conditioned on the payment of
parcels of land with a total area of 44 hectares located the ₱6.7 million loan. They pointed out that neither
in Murcia, Negros Occidental. These properties are Jaime nor petitioner paid any amount to RPB or PNB;
referred to as Lot Nos. 138-D and 138-S, and are and as a result, the waivers of rights in favor of Jaime,
respectively covered by Transfer Certificates of Title and later to petitioner, were void.
No. T-103187 and T-1031895 (subject properties).
Subsequently, in their Opposition to Motion to
Purportedly, in 1994, without the knowledge and Dismiss,13 respondents contended that the RTC had
consent of respondents, Joseph Regalado (petitioner) jurisdiction over the case because their demand for
entered, took possession of, and planted sugar cane petitioner to vacate the properties was made during
on the subject properties without paying rent to the crop year 1995- 1996, which was earlier than the
respondents. In the crop year 1995-1996, refe1Tal of the matter to Barangay Cansilayan.
respondents discovered such illegal entry, which
prompted them to verbally demand from petitioner to
On July 31, 2000, the RTC denied the Motion to
vacate the properties but to no avail. 6
Dismiss. It held that it had jurisdiction over the case
because the area of the subject properties was 44
Later, the parties appeared before hectares, more or less, and "it is safe to presume that
the Barangay Office of Cansilayan, Murcia, Negros the value of the same is more than ₱20,000.00." 14
Occidental but failed to arrive at any amicable
settlement. On September 29, 1997, the Lupon
Ruling of the Regional Trial Court
Tagapamayapa of said Barangay issued a Certificate
to File Action;7 and, on March 9, 1998, respondents
filed a Complaint8 for recovery of possession and On January 20, 2009, the RTC rendered a Decision
damages with injunction against petitioner. ordering petitioner to turn over the subject properties
to respondents and to pay them ₱50,000.00 as
attorney's fees.
In his Answer,9 petitioner countered that in 1994,
Emma, Jesusa, Johnny, Johanna, and Jessica
executed their separate Waivers of Undivided Share The RTC ratiocinated that the waiver of rights
of Lands renouncing their rights and interests over the executed by Jaime to petitioner was coupled with a
subject properties in favor of Jaime. In turn, Jaime consideration. However, petitioner failed to prove that
subsequently waived his rights and interests on the he paid a consideration for such a waiver; as such,
same properties to petitioner.10 Petitioner claimed that
petitioner was not entitled to possess the subject 1997). As such, he maintains that the RTC did not
properties. have jurisdiction over the case.
Both parties appealed to the CA. Petitioner also posits that even granting that this
action is considered a plenary action to recover right
On one hand, petitioner reiterated that the RTC had of possession, the RTC still had no jurisdiction
no jurisdiction over the case. He also maintained that because the tax declarations of the properties were
respondents already waived their shares and rights not submitted, and consequently, it cannot be
over the properties to Jaime, who, in turn, renounced determined whether it is the MTC or RTC which has
his rights to petitioner. jurisdiction over the case.
On the other hand, respondents assailed the RTC Moreover, petitioner argues that Jaime's waiver in his
Decision in so far as it failed to award them damages (petitioner's) favor was coupled with the following
as a result of petitioner's purported illegal entry and considerations: 1) ₱400,000.00 cash; 2) a car worth
possession of the subject properties. ₱350,000.00; and 3) a convenience store worth
₱1,500,000.00. He adds that the delivery of the
Ruling of the Court of Appeals properties to him confirms that he (petitioner) gave
said considerations to Jaime.
On May 28, 2012, the CA affirmed the RTC Decision
Later, in his Manifestation and Motion,16 petitioner
points out that although the body of the assailed CA
The CA dismissed respondents' appeal because they
Decision made reference to the January 20, 2009
did not establish entitlement to damages. It likewise
RTC Decision, its dispositive portion pertained to a
dismissed the appeal interposed by petitioner for
different case, to wit:
failing to establish that he gave any consideration in
relation to Jaime's waiver of rights in his (petitioner)
favor. WHEREFORE, premises considered, the August 29,
2008 Decision of the Regional Trial Court, Branch 10
in Civil Case No. CEB- 30866 is AFFIRMED.
In addition, the CA ruled that the RTC had jurisdiction
over this case considering that the parties stipulated
on the jurisdiction of the RTC but also because the Costs against both appellants.
assessed value of the subject properties is presumed
to have exceeded ₱20,000.00. SO ORDERED.17 (Underlining ours)
Jurisdiction is thus determined not only by the type of 7. That because of the refusal of the defendant to
action filed but also by the assessed value of the allow the plaintiffs to take possession and control of
property. It follows that in accion their own property, plaintiffs were constrained to seek
publiciana and reinvindicatoria, the assessed value of the aid of counsel and consequently thereto this
the real property is a jurisdictional element to complaint.24
determine the court that can take cognizance of the
action.22 Under Section 1,25 Rule 70 of the Rules of Court, there
are special jurisdictional facts that must be set forth in
In this case, petitioner consistently insists that a) the the complaint to make a case for ejectment, which, as
Complaint is one for ejectment; or b) if the same is mentioned, may either be for forcible entry or unlawful
deemed an accion publiciana, the RTC still lacks detainer.
jurisdiction as the assessed value of the subject
properties was not alleged in the Complaint. In particular, a complaint for forcible entry must allege
the plaintiff's prior physical possession of the property;
As such, to ascertain the proper court that has the fact that plaintiff was deprived of its possession by
jurisdiction, reference must be made to the averments force, intimidation, threat, strategy, or stealth; and the
in the complaint, and the law in force at the action must be filed within one year from the time the
commencement of the action. This is because only owner or the legal possessor learned of their
the facts alleged in the complaint can be the basis for dispossession.26 On the other hand, a complaint for
determining the nature of the action, and the court unlawful detainer must state that the defendant is
that can take cognizance of the case.23 unlawfully withholding possession of the real property
after the expiration or termination of his or her right to
Here, the pertinent portions of the Complaint read: possess it; and the complaint is filed within a year
from the time such possession became unlawful.27
2. That plaintiffs [herein respondents] are the owners
of two (2) parcels of land known as Lot. No. 138-D In the instant case, respondents only averred in the
with Transfer Certificate of Title No. T-103187 and Lot Complaint that they are registered owners of the
No. 138-S with Transfer Certificate of Title No. T- subject properties, and petitioner unlawfully deprived
103189, with a total land area of 44 hectares, all of them of its possession. They did not assert therein
Murcia Cadastre xxx; that they were dispossessed of the subject properties
under the circumstances necessary to make a case of
3. That sometime in 1994, without the knowledge and either forcible entry or unlawful detainer. Hence, in the
consent of herein plaintiffs, the defendant [herein absence of the required jurisdictional facts, the instant
petitioner] entered into and took possession of the action is not one for ejectment.28
aforementioned parcels of land and planted sugar
cane without paying any rental to herein plaintiffs; Nonetheless, the Court agrees with petitioner that
while this case is an accion publiciana, there was no
4. That plaintiffs discovered the illegal entry and clear showing that the RTC has jurisdiction over it. 1âwphi1