G.R. No. 76148 - Caro vs. Court of Appeals

Respondent Ireneo Domingo is the registered owner of a parcel of land totaling 13,165 square meters located in San Miguel (Mambarao), Quezon, Nueva Ecija, as evidenced by Transfer Certificates of Title Nos. EP-82013 and EP-82015 issued on May 24, 1989.
Petitioner Regino Dela Cruz, substituted by his heirs, was a farmer-beneficiary of three separate parcels of land, for which he was issued only two Emancipation Patents and one Certificate of Land Transfer (CLT 0401815) corresponding to differing areas and documents.

On January 30, 2006, Domingo filed a case for recovery of possession before the Department of Agrarian Reform Adjudication Board (DARAB) for the land covered by TCT EP-82013, alleging that Dela Cruz occupied the property by mere tolerance and refused to vacate despite proper demands and mediation.
Subsequently, Domingo filed two more cases for recovery of possession relative to the properties covered by TCT EP-82013 and TCT EP-82015 (DARAB Case Nos. 299 and 300).
Dela Cruz failed to timely answer these petitions, prompting the issuance of a consolidated Decision on April 25, 2006, directing him to vacate the lands.

Without waiting for the outcome of his motion for reconsideration (including his attempt to admit his answer), Dela Cruz filed a separate DARAB case (Case No. 372) seeking annulment of TCT EP-82013 and TCT EP-82015.
In his petition, Dela Cruz alleged that Domingo had sold the subject lands to another, from whom he acquired the land. He contended that the evidence—comprising sinumpaang salaysay and affidavits—proved the sale and that he had taken possession of the land, paid in full, and was unjustly deprived of an Emancipation Patent over the disputed parcel.
Domingo, in his answer with a motion to dismiss, argued that Dela Cruz’s CLT covered a different parcel of land, asserted his actual possession of the titles at issue, and charged Dela Cruz with forum shopping by filing separate proceedings.

On September 26, 2007, the DARAB Provincial Adjudicator rendered a decision upholding that Dela Cruz failed to prove the sale; that the documentary evidence was insufficient; and that the titles registered under Domingo were valid, including dismissing Dela Cruz’s various claims involving fraud, deceit, and allegations concerning Domingo’s qualification as a farmer-beneficiary.
On December 3, 2009, the DARAB reaffirmed its decision by dismissing Dela Cruz’s appeal (DARAB Case No. 15566), noting that his allegations were supported by insubstantial evidence and pointed out discrepancies regarding the location of the land.
Dela Cruz’s subsequent motion for reconsideration was denied on April 5, 2010, prompting him to file a Petition for Review before the Court of Appeals (CA-G.R. SP No. 114223).
On April 11, 2013, the Court of Appeals dismissed the petition for review on the ground of forum shopping, holding that Dela Cruz should have raised his claim as a counterclaim in the pending DARAB cases, thus giving rise to the issue of res judicata.

Whether the filing of separate proceedings by Dela Cruz constitutes forum shopping and if doing so during the pendency of the original actions (litis pendentia) is a violation of procedural rules.
Whether the case for cancellation of Emancipation Patents and Certificates of Title may be incorporated as a compulsory counterclaim without contravening the established rule that certificates of title cannot be collaterally attacked.