Case Digest (G.R. No. 188471)
Facts:
The case involves Francisco Alonso, who was substituted by his legal heirs—Mercedes V. Alonso, Tomas V. Alonso, and Asuncion V. Alonso—against the Cebu Country Club, Inc. and the Republic of the Philippines, represented by the Office of the Solicitor General (OSG). The events leading to the case began in 1992 when Francisco discovered documents indicating that his father, Tomas N. Alonso, had acquired Lot No. 727 of the Banilad Friar Lands Estate from the Government in 1911. Although a final deed of sale was executed in favor of Tomas N. Alonso in 1926, it was never registered due to the lack of necessary approvals. Francisco later found that the title to Lot 727-D-2 had been administratively reconstituted in favor of the Cebu Country Club, which had been in possession of the land since 1931.
In September 1992, Francisco filed a case in the Regional Trial Court (RTC) of Cebu City seeking the declaration of nullity of the deed/title, cancellation of certificates of title, a...
Case Digest (G.R. No. 188471)
Facts:
Background and Ownership Claims
- Petitioner Francisco M. Alonso (Francisco) was the sole heir of the late spouses Tomas N. Alonso and Asuncion Medalle. Upon Francisco's death, his legal heirs—Mercedes V. Alonso, Tomas V. Alonso, and Asuncion V. Alonso—substituted him in the case.
- In 1992, Francisco discovered documents indicating that his father, Tomas N. Alonso, had acquired Lot No. 727 of the Banilad Friar Lands Estate from the Government in 1911. Tomas had been issued Patent No. 14353, but the final deed of sale was not registered due to the lack of required approvals.
- Francisco found that the certificate of title for Lot No. 727-D-2 had been administratively reconstituted in favor of Cebu Country Club, Inc. (respondent), which had been issued TCT No. RT-1310. The current TCT covering the lot is TCT No. 94905, registered in 1985.
Legal Proceedings
- Francisco demanded that Cebu Country Club restore ownership and possession of Lot No. 727-D-2 to him, but the club refused.
- On September 25, 1992, Francisco filed a case in the Regional Trial Court (RTC) of Cebu City for the declaration of nullity of the deed/title, cancellation of certificates of title, and recovery of property. The RTC ruled in favor of Cebu Country Club on May 7, 1993.
- Both parties appealed to the Court of Appeals (CA), which affirmed the RTC's decision on March 31, 1997. Francisco's motion for reconsideration was denied on October 2, 1997.
- Francisco appealed to the Supreme Court (G.R. No. 130876). On January 31, 2002, the Court denied the petition but declared that Lot No. 727-D-2 legally belonged to the Government. The decision became final and executory on December 5, 2003.
Post-Judgment Developments
- In late 2004, the Government, through the Office of the Solicitor General (OSG), filed a motion for the issuance of a writ of execution. Cebu Country Club opposed the motion.
- Congress enacted Republic Act No. 9443 on July 27, 2007, validating all existing TCTs and reconstituted titles covering the Banilad Friar Lands Estate, including Lot No. 727-D-2.
- On December 28, 2007, the RTC denied the OSG's motion for issuance of a writ of execution, citing R.A. No. 9443. The petitioners filed a motion for reconsideration, which was denied on April 24, 2009.
Issue:
- Whether the petitioners were the real parties-in-interest to question the denial of the OSG's motion for issuance of a writ of execution.
- Whether R.A. No. 9443 gave the petitioners a legal interest to assail the RTC's orders.
- Whether the petitioners could appeal by petition for review on certiorari on behalf of the OSG.
Ruling:
- (Subscriber-Only)
Preliminary Considerations
- The petitioners violated the hierarchy of courts by directly appealing to the Supreme Court instead of first seeking review by the Court of Appeals (CA). This bypassing of the CA was improper and warranted dismissal.
- The petition was also fatally defective due to the lack of a sworn certification against forum shopping from all petitioners, except Tomas V. Alonso.
Petitioners Not Proper Parties
- The Court held that the petitioners were not the proper parties to appeal the RTC's denial of the OSG's motion for issuance of a writ of execution. The Government, as the legal owner of Lot No. 727-D-2, was the only party adversely affected by the denial. The petitioners had no legal right to the property following the final judgment in G.R. No. 130876, which declared the Government as the owner.
R.A. No. 9443 Did Not Benefit Petitioners
- R.A. No. 9443 validated all existing TCTs and reconstituted titles covering the Banilad Friar Lands Estate, including Cebu Country Club's title to Lot No. 727-D-2. The petitioners could not benefit from the law because they did not hold any TCT or reconstituted title for the lot.
- The enactment of R.A. No. 9443 rendered the Supreme Court's decision in G.R. No. 130876 moot, as it confirmed Cebu Country Club's ownership of the lot.
Ratio:
- (Subscriber-Only)