Heirs of Bariquit v. Heirs of Lim Chuan Juna

G.R. Nos. 216517 & 216529 (Notice)

This is a civil case involving a petition for review on certiorari filed by the Heirs of Eulogio Bariquit against the Heirs of Lim Chuan Juna, Fil-Invest Land, Inc., Engr. Alex Caparida Reyes, and Steve Diaz, et al. The Heirs of Eulogio Bariquit sought to reverse the decision of the Court of Appeals (CA) which upheld the dismissal of their forcible entry complaint against the respondents. However, the Supreme Court denied the petition and affirmed the CA decision. The Court held that the respondents' possession of the subject land, which began in 1911, was superior to the petitioners' possession, which only started in 1926. Additionally, the Court ruled that the petitioners were not deprived of the 2-hectare portion of the land they were occupying. The Court also held that the petitioners could not assail the respondents' title over the subject land in the instant ejectment case. Legal Issue: Whether the Court should reverse the decision of the Court of Appeals which upheld the dismissal of the Heirs of Eulogio Bariquit's forcible entry complaint against the respondents.

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FIRST DIVISION

[G.R. Nos. 216517 and 216529. April 20, 2015.]

HEIRS OF EULOGIO BARIQUIT, NAMELY: CELESTINO B. BARIQUIT, ET AL.,petitioners,vs. HEIRS OF LIM CHUAN JUNA [ALSO KNOWN AS FRANCISCO VILLA-ABRILLE LIM JUNA], REPRESENTED BY HIS ATTORNEY-IN-FACT ANTONIO CARLOS V.A. LLAMAS, MARIA LORETO A. LOPEZ, AND ANTONIO V.A. TAN; FIL-INVEST LAND, INC., AND ENGR. ALEX CAPARIDA REYES; AND STEVE DIAZ, ET AL.,respondents.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, First Division, issued a Resolution dated April 20, 2015 which reads as follows:

"G.R. Nos. 216517 and 216529 (Heirs of Eulogio Bariquit, namely: Celestino B. Bariquit, et al. v. Heirs of Lim Chuan Juna [also known as Francisco Villa-Abrille Lim Juna], represented by his Attorney-in-Fact Antonio Carlos V.A. Llamas, Maria Loreto A. Lopez, and Antonio V.A. Tan; Fil-Invest Land, Inc., and Engr. Alex Caparida Reyes; and Steve Diaz, et al.). — The petitioners' motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period; and the Cash Collection and Disbursement Division is hereby directed to RETURN to the petitioners the excess amount of P1,270.00 paid for filing fees under O.R. No. 0108678-SC-EP dated February 16, 2015.

After a judicious review of the records, the Court resolves to DENY the instant petition and AFFIRM the September 30, 2014 Decision 1 and December 12, 2014 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 03161-MIN for failure of the Heirs of Eulogio Bariquit, namely: Celestino B. Bariquit, et al. (petitioners) to show that the CA committed any reversible error in upholding the dismissal of their forcible entry complaint against the Heirs of Lim Chuan Juna (also known as Francisco Villa-Abrille Lim Juna), represented by his Attorney-in-Fact Antonio Carlos V.A. Llamas, Maria Loreto A. Lopez, and Antonio V.A. Tan; Fil-Invest Land, Inc., and Engr. Alex Caparida Reyes; and Steve Diaz, et al. (respondents).

As correctly ruled by the CA, respondents' possession over the subject land which may be traced all the way back in 1911 was superior to petitioners' purported possession over the same which commenced only in 1926. Further, the CA also correctly ruled that petitioners were not deprived by respondents of the 2-hectare portion of the subject land that they were occupying. Well-established is the principle that factual findings of the trial court, when adopted and confirmed by the CA, are binding and conclusive upon this Court and will generally not be reviewed on appeal absent any of the exceptions laid down by jurisprudence, 3 as in this case. SDAaTC

Finally, the CA was also correct in disallowing petitioners from assailing respondents' title over the subject land in the instant ejectment case. It is settled that a title cannot be changed, altered, modified, enlarged, or diminished in a collateral proceeding. 4

SO ORDERED."

Very truly yours,

 

(SGD.) EDGAR O. ARICHETADivision Clerk of Court

Footnotes

1. Rollo, pp. 48-60, Penned by Associate Justice Maria Filomena D. Singh with Associate Justices Romula V. Borja and Oscar V. Badelles, concurring.

2. Id. at 64-66.

3. Insular Investment and Trust Corporation v. Capital One Equities Corp., G.R. No. 183308, April 25, 2012, 671 SCRA 112, 124; citation omitted.

4. Corpuz v. Agustin, G.R. No. 183822, January 18, 2012, 663 SCRA 350, 365; citations omitted.

 

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