Case Digest (A.C. No. 12154)
Facts:
In BaloLOY-HIJE v. HULAR (G.R. No. 157767, September 9, 2004), Alfredo Hular filed on May 11, 1993 in the Regional Trial Court of Sorsogon (Branch 51, Civil Case No. 93-5871) a complaint for quieting of title, reconveyance, possession and damages against Reynaldo Baloloy and Adelina Baloloy-Hije (petitioners) and their co-heirs, alleging that his father, Astrologo Hular, had purchased from Victoriana Lagata in November 1961 a 287-square-meter residential portion of Lot No. 3347, Juban Cadastre, Barangay Biriran, Juban, Sorsogon, and had been in continuous possession for over 60 years. The respondent later discovered that the area actually comprised 1,405 sq. m. and that Iluminado Baloloy, the petitioners’ predecessor, had secured by fraud on March 1, 1968 a Free Patent No. 384019 and OCT No. P-16540 over the same land as part of Lot No. 3353. Hular prayed to be declared absolute owner, for defendants’ reconveyance of title and removal of improvements, annulment of patents and tiCase Digest (A.C. No. 12154)
Facts:
- Parties and Cause of Action
- Alfredo Hular (respondent) filed on May 11, 1993 a complaint for quieting of title, reconveyance, recovery of possession, annulment of Free Patent No. 384019 and OCT No. P-16540, and damages against Iluminado Baloloy’s heirs: Anacorita, Antonio, Reynaldo and Adelina Baloloy.
- He alleged his father, Astrologo Hular, purchased a 287 sqm residential parcel (later shown to be 1,405 sqm) in Sitio Pag-ae, Biriran, Juban, Sorsogon, originally Lot 3347 of the Juban Cadastre, and had continuous open possession in the concept of owners for over 60 years.
- Chain of Title and Possession
- Original Titles and Sales
- 1945: Irene Griarte sold 6,666 sqm to Martiniano Balbedina (Lot 3353).
- 1951: Balbedina sold 4,651 sqm (portion of Lot 3353) to Iluminado Baloloy.
- 1961: Victoriana Lagata (widow of Lino Estopin, owner of Lot 3347) sold:
- 15,906 sqm agricultural portion to Astrologo Hular (Nov 11, 1961).
- 287 sqm residential portion to Astrologo Hular (Nov 25, 1961).
- Cadastral Survey and Free Patent
- Post-survey, Lot 3353 comprised 9,302 sqm (4,651 sqm Balbedina + 4,651 sqm Gruta).
- March 1, 1968: Secretary of Agriculture and Natural Resources issued Free Patent No. 384019 over Lot 3353; OCT P-16540 issued to Iluminado.
- Estelito Hije (husband of Adelina Baloloy) acquired 4,651 sqm from Alejandro Gruta (Aug 2, 1975).
- Occupation of the Land
- Hular built a house near the trail on Lot 3347/3353 before 1979; Baloloy heirs built their houses on Lot 3353.
- 1993 survey by Eng’r Cunanan showed respondent’s house stood on 1,405 sqm of Lot 3353, not Lot 3347.
- Procedural History
- Municipal Trial Court: Dismissed unlawful detainer case filed by petitioners.
- Regional Trial Court (Dec 4, 1995): Declared Hular owner of 1,405 sqm, ordered reconveyance, ejectment of petitioners, damages.
- Court of Appeals: Affirmed RTC decision.
- This Petition: Review under Rule 45 raising:
- Non-impleader of indispensable parties.
- Hular’s cause of action to annul patent and title.
- Claim of acquisitive prescription.
Issues:
- Whether the respondent impleaded all indispensable parties (co-owners and the State) in his action.
- Whether the respondent had a cause of action to nullify Free Patent No. 384019 and OCT No. P-16540, reconvey title and recover possession.
- Whether the respondent proved ownership by acquisitive prescription.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)