SECOND DIVISION
[G.R. No. 234340. January 31, 2018.]
SPOUSES PHIL TRISTAN AND CRISELDA PAMAYLAON, petitioners, vs.ELMER BUTIAL AND FERDINAND BUTIAL, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated31 January 2018which reads as follows: TAIaHE
"G.R. No. 234340 (Spouses Phil Tristan and Criselda Pamaylaon v. Elmer Butial and Ferdinand Butial)
After a judicious study of the case, the Court resolves to DENY the instant petition and AFFIRM the December 1, 2016 Decision 1 and September 7, 2017 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 138826 for failure of petitioners Spouses Phil Tristan and Criselda Pamaylaon (petitioners) to sufficiently show that the CA committed any reversible error in ruling that: (a) the instant unlawful detainer case is not barred by res judicata; and (b) respondents Elmer Butial and Ferdinand Butial (respondents) have a better right of possession over the subject land.
As correctly ruled by the CA, the instant unlawful detainer case is not barred by the prior ejectment case filed by Francisco and Lucia Butial against petitioners, as the latter case was not resolved on the merits but was merely dismissed on the ground of lack of jurisdiction. Case law provides that a judgment dismissing an action for want of jurisdiction is without prejudice, and thus, another action may be filed without being barred by res judicata or litis pendentia. 3
Further, the CA is also correct in upholding the courts a quo's rulings that respondents have a better right of possession to the subject land than petitioners, as they have a valid and subsisting title over the same. It is settled that "whoever held a Torrens title in his name is entitled to the possession of the land covered by the title," 4 as in this case.
SO ORDERED."
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 41-50. Penned by Associate Justice Edwin D. Sorongon with Associate Justices Ricardo R. Rosario and Marie Christine Azcarraga-Jacob concurring.
2.Id. at 52-54.
3.AC Enterprises, Inc. v. Frabelle Properties Corporation, 537 Phil. 114, 160 (2006), citing Custodio v. Corrado, 479 Phil. 415, 425 (2004).
4.Abobon v. Abobon, 692 Phil. 530, 540 (2012), citing Spouses Esmaquel and Sordevilla v. Coprada, 653 Phil. 96, 105-106 (2010).