Republic v. L.S. Properties, Inc.

SECOND DIVISION

[G.R. No. 245364. June 17, 2019.]

REPUBLIC OF THE PHILIPPINES, petitioner, vs.L.S. PROPERTIES, INC. AND UC-1 CORPORATION, respondents.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, Second Division, issued a Resolution dated17 June 2019which reads as follows:

"G.R. No. 245364 (Republic of the Philippines v. L.S. Properties, Inc. and UC-1 Corporation)

After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the August 8, 2018 2 and February 12, 2019 3 Resolutions of the Court of Appeals (CA) in CA-G.R. SP No. 07914-MIN for failure of petitioner Republic of the Philippines (Republic) to sufficiently show that the CA committed any reversible error in denying its petition for annulment of judgment 4 under Rule 47 of the Rules of Court (Rules), and accordingly, declaring that the Regional Trial Court of Cagayan de Oro City, Branch 39 (RTC) had jurisdiction over respondent L.S. Properties, Inc.'s (subject properties) application for land registration. 5 HTcADC

As correctly ruled by the CA, Republic's petition for annulment of judgment must be dismissed, considering that: (a) the RTC had jurisdiction over the subject properties' application for land registration as conferred by Section 14 of Presidential Decree No. 1529; 6 and (b) the allegation of the Republic, while ostensibly averring lack of jurisdiction, actually pertains to be RTC's evaluation of evidence presented before it, which is not a proper subject of an annulment of judgment under Rule 47 of the Rules. 7 It is settled that, where there is jurisdiction over the person and the subject matter, the decision on all other questions arising in the case would be an exercise under that jurisdiction, and that the errors which the court may commit in connection therewith are mere errors of judgment, which are proper subject of an appeal, 8 as in this case.

SO ORDERED."

Very truly yours,

(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court

By:

TERESITA AQUINO TUAZONDeputy Division Clerk of Court

 

Footnotes

1.Rollo (Vol. I), pp. 12-79.

2.Id. at 90-100. Penned by Associate Justice Ruben Reynaldo G. Roxas with Associate Justices Romulo V. Borja and Edgardo T. Lloren, concurring.

3.Id. at 113-116. Penned by Associate Justice Edgardo T. Lloren with Associate Justices Walter S. Ong and Florencio M. Mamauag, Jr., concurring.

4. Titled "Petition for Annulment of Judgment under Rule 47 of the Rules of Court with an Urgent Prayer for the Issuance of a Writ of Preliminary Injunction and/or Temporary Restraining Order"; id. at 402-449.

5. See id. at 93-94.

6. Entitled "AMENDING AND CODIFYING THE LAWS RELATIVE TO REGISTRATION OF PROPERTY AND FOR OTHER PURPOSES," otherwise known as the "PROPERTY REGISTRATION DECREE" (June 11, 1978). Section 14 thereof reads:

   Section 14. Who may apply. — The following persons may file in the proper Court of First Instance an application for registration of title to land, whether personally or through their duly authorized representatives:

   (1) Those who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier.

   (2) Those who have acquired ownership of private lands by prescription under the provisions of existing laws.

   (3) Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws.

   (4) Those who have acquired ownership of land in any other manner provided for by law.

7. See rollo (Vol. I), p. 94.

8.Tolentino v. Leviste, 485 Phil. 661, 674 (2005).