Case Digest (G.R. No. 208197)
Facts:
In Mayuga v. Atienza, G.R. No. 208197, decided January 10, 2018 (Date of promulgation October 15, 2018), petitioner Araceli Mayuga, substituted by Marilyn Mayuga Santillan for and on behalf of all heirs, sued respondents Antonio Atienza (representing the heirs of Armando Atienza) and Benjamin Atienza, Jr. (representing the heirs of Benjamin A. Atienza, Sr.), together with certain DENR officers, before Branch 82 of the Regional Trial Court (RTC) in Odiongan, Romblon, in Civil Case No. OD-489. On May 4, 2000, Araceli filed a Petition for Cancellation and Recall of Free Patent Applications (FPA) Nos. 11636 and 11637 and Reconveyance, alleging that she and her two brothers were the three compulsory heirs of their father, the late Perfecto Atienza, who died intestate on June 1, 1978. The subject lands were Lot 9819 Csd 341-D (Lot 61-A, 294 sqm) and Lot 9820 Csd 341-D (Lot 61-B, 280 sqm) in Budiong, Odiongan. She claimed respondents secured the patents on February 28, 1992 through fraCase Digest (G.R. No. 208197)
Facts:
- Petition and parties
- On May 4, 2000, Araceli Mayuga (plaintiff) filed a petition for cancellation and recall of Free Patent Application (FPA) Nos. 11636 and 11637 and reconveyance before RTC Branch 82, Odiongan, Romblon, docketed as Civil Case No. OD-489, against Antonio Atienza (representing heirs of Armando Atienza), Benjamin Atienza, Jr. (representing heirs of Benjamin A. Atienza, Sr.), CENRO and Register of Deeds.
- She alleged that she and respondents were three compulsory heirs of the late Perfecto Atienza, owners of Lots 9819 (Lot 61-A) and 9820 (Lot 61-B), and that respondents obtained free patents through fraud and without notifying her.
- RTC proceedings
- Defendants moved for bill of particulars (June 2000); plaintiff filed reply clarifying alleged misrepresentation in filing of titles and lack of notice.
- After trial, on April 27, 2010, RTC ruled in plaintiff’s favor, finding fraud in respondents’ free patents, ordered cancellation of Certificates of Title Nos. 11636 and 11637 and reconveyance of Araceli’s 1/3 share. Motion for reconsideration was denied on July 29, 2010.
- Court of Appeals proceedings
- Respondents appealed; CA Division granted appeal in Decision dated July 8, 2013, reversed RTC judgment, dismissed the amended complaint.
- CA held:
- Amended complaint should have been dismissed for lack of certification against forum-shopping.
- Free patents became indefeasible one year after issuance under Section 32, PD 1529.
- No clear and convincing evidence of fraud or misrepresentation; confirmation affidavit of distribution (June 22, 1973) was duly notarized and valid.
- Petitioner failed to establish ownership or dispossession for reconveyance; respondents had open, continuous possession since 1962.
- Supreme Court proceedings
- Petitioner filed Rule 45 petition for review; respondents filed comments.
- Issues on verification, substitution of parties after petitioner’s death, and substantive merits were addressed.
Issues:
- Whether the Court of Appeals erred in reversing the RTC Decision of April 27, 2010 and dismissing the amended complaint for cancellation of free patents (FPA Nos. 11636, 11637) and reconveyance.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)