GR Nos.

162335 & 162605, Aug 24, 2010

SEVERINO M. MANOTOK IV v. HEIRS OF HOMER L. BARQU

Facts:
Lot No. 823 is a part of the Piedad Estate, Quezon City, a Friar Land acquired by the
Philippine Government from the Philippine Sugar Estates Development Company, Ltd.,
La Sociedad Agricola de Ultramar, the British-Manila Estate Company, Ltd., and the
Recoleto Order of the
Philippine Islands on December 23, 1903,... Controversy arising from conflicting claims
over Lot 823 began to surface after a fire gutted portions of the Quezon City Hall on
June 11, 1988 which destroyed records stored in the Office of the Register of Deeds of
Quezon City.  That fire has attained notoriety due to the... numerous certificates of title
on file with that office, which were destroyed as a consequence.  The resulting effects of
that blaze on specific property registration controversies have been dealt with by the
Court in a number of cases since then. The present petitions are... perhaps the most
heated, if not the most contentious of those cases thus far.
Examining the entire evidence on record, the CA found that none of the parties were
able to prove a valid alienation of Lot 823 of Piedad Estate from the government in
accordance with the provisions of Act No. 1120 otherwise known as the "Friar Lands
Act".  Notably lacking... in the deed of conveyance of the Manotoks is the approval of
the Secretary of Agriculture and Commerce as required by Section 18 of the said law.
Upon close scrutiny, the factual allegations and voluminous documentary exhibits
relating to the purchase of Lot 823 by the... predecessors-in-interest of the claimants
revealed badges of fraud and irregularity.
The Barques' claim being anchored on a spurious, fake and non-existent sale certificate
or deed of conveyance, the CA concluded that no valid transfer or assignment can be
used by them as basis for the reconstitution of title over the subject lot.  And in the
absence of a... duly approved subdivision plan, the Barques' title, TCT No. 210177, is
also null and void.
As to DENR Memorandum Order No. 16-05 issued by then Secretary Michael T.
Defensor, the CA ruled that the Manahans, just like the Manotoks, may not invoke it to
cure the lack of approval by the Secretary of Agriculture and Commerce in their
respective sale certificate/deed of... conveyance, the same being inconsistent with Act
No. 1120.
Issues:
The core issue presented is whether the absence of approval of the Secretary of the
Interior/Agriculture and Natural Resources in Sale Certificate No. 1054 and Deed of
Conveyance No. 29204 warrants the annulment of the Manotok title.
Ruling:
It is clear from the foregoing provision that the sale of friar lands shall be valid only if
approved by the Secretary of the Interior (later the Secretary of Agriculture and
Commerce).
The decades-long occupation by the Manotoks of Lot 823, their payment of real
property taxes and construction of buildings, are of no moment.  It must be noted that
the Manotoks miserably failed to prove the existence of the title allegedly issued in the
name of Severino
Mantotok after the latter had paid in full the purchase price.
WHEREFORE, the petitions filed by the Manotoks under Rule 45 of the 1997 Rules of
Civil Procedure, as amended, as well as the petition-in-intervention of the Manahans,
are DENIED. The petition for reconstitution of title filed by the Barques is
likewise DENIED. TCT No. RT-22481 (372302) in the name of Severino Manotok IV, et
al., TCT No. 210177 in the name of Homer L. Barque and Deed of Conveyance No. V-
200022 issued to Felicitas B. Manahan, are all hereby declared NULL and VOID.  The
Register of Deeds of Caloocan City and/or Quezon City are hereby ordered to CANCEL
the said titles. The Court hereby DECLARES that Lot 823 of the Piedad Estate, Quezon
City, legally belongs to the NATIONAL GOVERNMENT OF THE REPUBLIC OF THE
PHILIPPINES, without prejudice to the institution of REVERSION proceedings by the
State through the Office of the Solicitor General.