FIRST DIVISION
[G.R. No. 236117. April 16, 2018.]
SPOUSES SUYBEN CHUA AND FELISA CHUA, AND ROSAURO S. DAYAO, petitioners, vs.REPUBLIC OF THE PHILIPPINES, REPRESENTED BY REGIONAL EXECUTIVE DIRECTOR, REGION III, ANGELES CITY OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedApril 16, 2018which reads as follows:
"G.R. No. 236117(Spouses Suyben Chua and Felisa Chua, and Rosauro S. Dayao v. Republic of the Philippines, represented by Regional Executive Director, Region III, Angeles City of the Department of Environment and Natural Resources). — The motion for extension of time to file the petition for review on certiorari is GRANTED.
After review of the records, we resolve to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its Decision dated April 26, 2017 and Resolution dated November 29, 2017.
A complaint for reversion involves a serious controversy, involving a question of fraud and misrepresentation committed against the government and it seeks the return of the disputed portion of the public domain. It seeks to cancel the original certificate of registration, and nullify the original certificate of title, including the transfer certificate of title of the successors-in-interest because the same were all procured through fraud and misrepresentation. The State, as the party alleging that fraud and misrepresentation attended the application for free patent, bears the burden of proof. 1
We agree with the findings of the CA, supported by the findings of the Department of Environment and Natural Resources (DENR), that fraud and misrepresentation attended the application for free patent. Justina Dayao, whose tenants have built their houses on the lot, was also claiming ownership of the lot. This is contrary to Rosauro Dayao's statement in his application that the lot is not claimed or occupied by any other person.
WHEREFORE, the Court of Appeals Decision dated April 26, 2017 and Resolution dated November 29, 2017 in CA-G.R. CV No. 104810 are AFFIRMED.
SO ORDERED." (Sereno, C.J., on leave; De Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2540 dated February 28, 2018.) CAIHTE
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court
Footnotes
1.Morandarte v. Court of Appeals, G.R. No. 123586, August 12, 2004, 436 SCRA 213, 223.