Case Digest (G.R. No. L-30666)
Facts:
This case involves a petition for certiorari and prohibition with preliminary injunction filed by petitioners Andres Aban and Dolores Galope against Honorable Manuel L. Enage, the District Judge of the Court of First Instance of Agusan, and the heirs of Eleuterio Cuenca, represented by Atty. Timoteo D. Naldoza. The petitioners sought to nullify an order dated July 29, 1968, which canceled Transfer Certificate of Title (TCT) No. RT-1693 in their names concerning Lot No. 427 C-1. The background of the case dates back to August 21, 1964, when a complaint was filed in the Court of First Instance of Agusan, Branch II, against several defendants, including the petitioners, for the nullification and cancellation of a subdivision plan and various titles. The petitioners were initially included as defendants but were later dropped from the case on September 17, 1964. An amended complaint was filed on May 26, 1965, which did not include the petitioners. Subsequently, the heirs of Eleut...
Case Digest (G.R. No. L-30666)
Facts:
Initial Complaint and Dropping of Andres Aban as Defendant
- On August 21, 1964, a complaint was filed in the Court of First Instance (CFI) of Agusan, Branch II, entitled "Maria Balaga et al. vs. Pedro Cuenca et al." (Civil Case No. 1005), seeking the nullification and cancellation of certain titles and documents related to Lot No. 427, Butuan City. Andres Aban was named as a defendant.
- On September 1, 1964, Aban filed a motion to be dropped as a misjoined party, which the court granted on September 17, 1964.
Amended Complaint and Dismissal of Related Case
- An amended complaint was filed on May 26, 1965, dropping Severo Malvar as plaintiff and Andres Aban and Celestino Udarbe as defendants in Civil Case No. 1005.
- Meanwhile, the heirs of Eleuterio Cuenca filed a petition (Civil Case No. 1126) on November 1, 1965, seeking the cancellation of TCT No. RT-1693 issued to Andres Aban. This case was dismissed on June 4, 1968.
Motion to Cancel TCT No. RT-1693
- On April 15, 1968, the heirs of Eleuterio Cuenca, through Atty. Timoteo D. Naldoza, filed a motion in Civil Case No. 1005 to cancel TCT No. RT-1693 issued to Andres Aban, claiming his claim over Lot No. 427-C-1 was abandoned or relinquished.
- Andres Aban opposed the motion, but on July 29, 1968, Judge Manuel L. Enage issued an order declaring TCT No. RT-1693 null and void and ordering its cancellation.
Petition for Certiorari and Prohibition
- Andres Aban and Dolores Galope filed a petition for certiorari and prohibition, alleging that the cancellation of TCT No. RT-1693 was issued without jurisdiction and with grave abuse of discretion.
- The Supreme Court issued a temporary restraining order on July 9, 1969, halting the enforcement of the cancellation order.
Attorney-Client Disputes
- Atty. Timoteo D. Naldoza, counsel for the Cuenca heirs, faced disputes with his clients and other attorneys over representation in the case. The heirs attempted to substitute counsel, but the Court ruled that Atty. Naldoza remained the counsel of record.
Issue:
- Whether the Court of First Instance of Agusan had jurisdiction to issue the July 29, 1968, order canceling TCT No. RT-1693.
- Whether the motion to cancel TCT No. RT-1693 was a separate and independent action, thereby requiring a new case.
- Whether Andres Aban and Dolores Galope were denied due process or substantial rights.
- Whether Atty. Timoteo D. Naldoza remained the counsel of record for the Cuenca heirs despite attempts to substitute him.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)