SECOND DIVISION
[G.R. No. 249181. November 25, 2019.]
FLORITA S. BALAG [vice LITTON & CO., INC.], petitioner,vs. CITY OF SIPALAY, NEGROS OCCIDENTAL, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated25 November 2019which reads as follows:
"G.R. No. 249181 (Florita S. Balag [vice Litton & Co., Inc.] v. City of Sipalay, Negros Occidental)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the July 26, 2018 Decision 2 and the July 15, 2019 Resolution 3 of the Court of Appeals (CA) in CA-G.R. CV No. 03064 for failure of petitioner Florita S. Balag (petitioner) to sufficiently show that the CA committed any reversible error in affirming the May 12, 2008 Decision 4 of the Regional Trial Court of Kabankalan City, Negros Occidental, Branch 61 which dismissed petitioner's complaint 5 for accion publiciana with damages. HTcADC
As correctly ruled by the CA, petitioner does not have a legal right to possess the subject properties, 6 as evidence show that the same are foreshore lands which belong to public domain, and therefore, not susceptible to private ownership. While it is an established rule that a certificate of title issued under the Torrens system is not subject to collateral attack, pertinent jurisprudence likewise provides that, in an accion publiciana, a provisional resolution on the issue of ownership does not trigger a collateral attack on the certificate of title insofar as it is determinative only of the issue of possession. 7
The Court further resolves to GRANT petitioner's motion for extension of thirty (30) days from the expiration of the reglementary period within which to file a petition for review on certiorari.
SO ORDERED. (REYES, A., Jr., J., on leave. ZALAMEDA, J., designated as Additional Member per Special Order No. 2727 dated October 25, 2019.)"
Very truly yours,
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 8-26.
2.Id. at 31-41. Penned by Associate Justice Louis P. Acosta with Associate Justices Gabriel T. Ingles and Dorothy Montejo-Gonzaga, concurring.
3.Id. at 44-45. Penned by Associate Justice Dorothy Montejo-Gonzaga with Associate Justices Gabriel T. Ingles and Marilyn Lagura-Yap, concurring.
4. Not attached to rollo; see id. at 31.
5. Not attached to the rollo.
6. Designated as Lot No. 5586-A-2 and Lot No. 5586-A-3 situated in Maricalum, Sipalay City, Negros Occidental, covered by Transfer Certificate of Titles Nos. T-222317 and T-222318, respectively.
7. See Heirs of Cullado v. Gutierrez, G.R. No. 212938, July 30, 2019.