Case Digest (G.R. No. 8750)
Facts:
On September 2, 2003, Carmen Santorio Galeno filed before the Regional Trial Court of Dumangas, Iloilo (RTC, Branch 68) a petition for correction of the area of Lot No. 2285 under Original Certificate of Title No. 46417, Dingle Cadastre. She claimed ownership by virtue of a Deed of Sale dated July 6, 1962, and relied on an Approved Subdivision Plan by the Department of Environment and Natural Resources (DENR). A recent resurvey for partition purposes showed that the title reflected an area of 20,948 square meters, while a DENR certification indicated 21,298 square meters, prompting her to seek judicial correction. Notified adjoining owners raised no opposition, and the RTC granted an ex parte presentation of evidence. By Order dated October 13, 2006, the trial court directed the Register of Deeds of Iloilo to amend the title to 21,298 sqm. The RTC denied the Republic of the Philippines’ motion for reconsideration on Januar...Case Digest (G.R. No. 8750)
Facts:
- Parties and Subject Matter
- Petitioner: Republic of the Philippines, represented by the Office of the Solicitor General.
- Respondent: Carmen Santorio Galeno, co-owner of Lot No. 2285 under Original Certificate of Title (OCT) No. 46417.
- Subject: Petition for correction of the area of Lot No. 2285 in OCT No. 46417 from 20,948 square meters to 21,298 square meters.
- Procedural History
- September 2, 2003 – Respondent filed before the Regional Trial Court (RTC) of Dumangas, Iloilo, Branch 68, a petition for correction of title under Rule 108 of the Rules of Court, alleging a discrepancy between the title’s stated area (20,948 sqm) and the DENR’s certified area (21,298 sqm) following a resurvey for partition.
- Ex parte proceedings – No opposition was filed; RTC allowed respondent to present evidence ex parte to satisfy jurisdictional requirements, including notice to adjoining owners.
- October 13, 2006 – RTC issued an Order granting the petition, directing the Register of Deeds to correct the area in OCT No. 46417.
- January 22, 2007 – RTC denied petitioner’s motion for reconsideration, finding that notices had been sent to adjoining owners.
- Appeal to the Court of Appeals (CA) – CA, in a Decision dated June 27, 2013, affirmed the RTC Orders, and in a Resolution dated September 17, 2014, denied petitioner’s motion for reconsideration.
- Present Petition – Petitioner filed a petition for review on certiorari under Rule 45 before the Supreme Court, assailing the CA’s decision and resolution.
Issues:
- Whether the Court of Appeals erred in affirming the correction of the land area of Lot No. 2285 in OCT No. 46417 from 20,948 sqm to 21,298 sqm, given the nature and sufficiency of the evidence presented by respondent.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)