Case Digest (G.R. No. 60544)
Facts:
Arsenio Florendo, Jr., Milagros Florendo and Beatriz Florendo, G.R. No. L-60544, May 19, 1984, the Supreme Court First Division, Gutierrez, Jr., J., writing for the Court.On July 11, 1969 Adela Salindon, an awardee of a Philippine Homesite and Housing Corporation (PHHC) lot in Diliman, Quezon City, filed a complaint for ejectment in Branch VII, City Court of Quezon City against William Vasquez and Silverio Nicolas alleging they were squatters on the lot (TCT No. 138007). Vasquez and Nicolas denied squatting and asserted long, open, adverse possession dating to 1950; they also challenged the city court’s jurisdiction over matters involving title and questioned Salindon’s qualifications to receive the PHHC award. PHHC (later succeeded by the National Housing Authority, NHA) admitted the sale to Salindon but contended its administrative determination could not be collaterally attacked and argued the city court lacked jurisdiction over such matters.
After a trial on the merits, the city court rendered a May 20, 1975 decision declaring the PHHC deeds to Salindon null and void and ordering PHHC to award the lot to Vasquez and Erlinda (substitute for deceased Nicolas) upon payment. Salindon appealed to the Court of Appeals on August 25, 1975. Salindon died on December 11, 1976; her counsel did not substitute a legal representative, but the appeal proceeded and, after a remand for retaking testimony (March 21, 1977), the Court of Appeals on December 4, 1980 dismissed the appeal for abandonment.
After the dismissal became effective, the city court issued a writ of execution (August 3, 1981). NHA’s General Manager Gaudencio Tobias informed the private respondents that NHA was ready to implement the decision and suggested cancellation of relevant Torrens titles to expedite enforcement. The disputed lot had been included in Salindon’s estate and a new Transfer Certificate of Title (TCT No. 239729) had been issued in the names of the petitioners, Salindon’s heirs. On February 16, 1982 private respondents moved the city court to order the Register of Deeds to cancel TCT Nos. 138007 and 239729; petitioners opposed on March 19, 1982, contending the city court lacked jurisdiction to order cancellation of Torrens titles. P...(Subscriber-Only)
Issues:
- Did the death of the plaintiff-appellant without substitution divest the Court of Appeals of jurisdiction over the appeal so that its proceedings and outcome are void as to the petitioners?
- Did the city court have jurisdiction to annul the PHHC administrative determinations, rescind the deeds of sale, award the government lot to the private respondents and direct cancellation of Torrens titles — or were those acts in excess of jurisdiction and ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)