The Building Official of Baguio City v. Heirs of Yu Hwa Ping

FIRST DIVISION

[G.R. No. 217774. July 22, 2015.]

THE BUILDING OFFICIAL OF BAGUIO CITY,petitioner,vs. HEIRS OF YU HWA PING, NAMELY: MARY GAW YU AND JOHNNY YU,respondents.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, First Division, issued a Resolution dated July 22, 2015 which reads as follows:

"G.R. No. 217774 (The Building Official of Baguio City v. Heirs of Yu Hwa Ping, namely: Mary Gaw Yu and Johnny Yu). — The petitioner's 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.

After a judicious review of the records, the Court resolves to DENY the instant petition and AFFIRM the July 17, 2014 Decision 1 and March 23, 2015 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 121566 for failure of petitioner The Building Official of Baguio City (petitioner) to show that the CA erred in affirming the ruling of the Office of the President directing it to issue a building permit in favor of Yu Hwa Ping (Yu), now represented by his heirs Mary Gaw Yu and Johnny Yu.

As correctly ruled by the CA, there was neither any construction on-going on the subject land pending the issuance of a building permit nor any restriction or limitation indicated on Yu's title over the same that would justify the suspension of the processing of his application for a building permit. It is settled that factual findings made by quasi-judicial bodies and administrative agencies, when supported by substantial evidence, are accorded great respect and even finality by the appellate courts, absent any showing of grave abuse of discretion, 3 as in this case.

Further, the CA was likewise correct in holding that absent an adverse decision in any reversion proceeding covering Yu's interest over the subject land, his title over the same must be respected. Case law instructs that "[a]ll actions for the reversion to the Government of lands of the public domain or improvements thereon shall be instituted by the Solicitor General or the officer acting in his stead, in the proper courts, in the name of the Republic of the Philippines" 4 and "[u]nless and until the land is reverted to the State by virtue of a judgment of a court of law in a direct proceeding for reversion, the Torrens certificate of title thereto remains valid and binding against the whole world." 5

SO ORDERED."SERENO, C.J., on official leave; PERALTA, J., acting member per S.O. No. 2103 dated July 13, 2015. LEONARDO-DE CASTRO, J., on official leave; LEONEN, J., acting member per S.O. No. 2108 dated July 13, 2015.

Very truly yours,

 

(SGD.) EDGAR O. ARICHETADivision Clerk of Court

Footnotes

1. Rollo, pp. 28-50. Penned by Associate Justice Eduardo B. Peralta, Jr. with Associate Justices Magdangal M. de Leon and Stephen C. Cruz concurring.

2. Id. at 52.

3. See Japson v. Civil Service Commission, 663 Phil. 665, 675 (2011); citations omitted.

4. Tolentino v. Laurel, 682 Phil. 527, 539 (2012); citation omitted.

5. Id. at 540; citation omitted.