Case Digest (G.R. No. 215009)
Facts:
- On September 2, 2003, Carmen Santorio Galeno (respondent) filed a petition for correction of the area of Lot No. 2285, covered by Original Certificate of Title (OCT) No. 46417, in the Regional Trial Court (RTC) of Dumangas, Iloilo, Branch 68.
- The respondent claimed co-ownership through a Deed of Sale dated July 6, 1962, and asserted that the Department of Environment and Natural Resources (DENR) approved the survey and subdivision of the property, supported by an Approved Subdivision Plan.
- A resurvey revealed a discrepancy: the title indicated 20,948 square meters, while a DENR certification showed 21,298 square meters.
- To resolve this inconsistency, the respondent sought to correct the area, claiming to have notified adjoining owners.
- The RTC allowed ex parte evidence presentation due to the absence of opposition and granted the petition on October 13, 2006, directing the Register of Deeds of Iloilo to amend the title.
- The Republic of the Philippines (petitioner), represented by the Office of the Solicitor General (OSG), filed a motion for reconsideration, arguing improper notification of adjoining owners.
- The RTC denied the motion on January 22, 2007, confirming that a Notice of Hearing had been sent to the adjoining owners.
- The petitioner appealed to the Court of Appeals (CA), which upheld the RTC's ruling on June 27, 2013, stating the respondent proved the correct area based on DENR records.
- The petitioner's motion for reconsideration was denied on September 17, 2014, leading to a petition for review on certiorari.
Issue:
- (Unlock)
Ruling:
- The Supreme Court granted the petition, reversing the Decision of the Court of Appeals and dismissing Carmen Santorio Galeno's petition for c...(Unlock)
Ratio:
- The Supreme Court found the evidence presented by the respondent insufficient for correcting the area of the property.
- The Court scrutinized the documents, including a DENR certification stating the area as 21,298 square meters, but noted the lack of probative weight due to the absence of testimony fr...continue reading
Case Digest (G.R. No. 215009)
Facts:
On September 2, 2003, Carmen Santorio Galeno (respondent) filed a petition for the correction of the area of Lot No. 2285, which is covered by Original Certificate of Title (OCT) No. 46417, before the Regional Trial Court (RTC) of Dumangas, Iloilo, Branch 68. The respondent claimed co-ownership of the property through a Deed of Sale dated July 6, 1962. She asserted that the Department of Environment and Natural Resources (DENR) had approved the survey and subdivision of the property, as evidenced by the Approved Subdivision Plan. Upon resurveying the property for partition purposes, a discrepancy was discovered: the title indicated an area of 20,948 square meters, while a certification from the DENR showed the area to be 21,298 square meters. To resolve this inconsistency and prevent confusion, the respondent sought to correct the area of the property, claiming to have notified the adjoining owners. The RTC allowed the presentation of evidence ex parte due to the absence of opposition to the petition.
In an Order dated October 13, 2006, the RTC granted the petition, finding that the respondent substantiated her claims and directed the Register of Deeds of Iloilo to amend the area in the title. The Republic of the Philippines (petitioner), represented by the Office of the Solicitor General (OSG), filed a motion for reconsideration, arguing that the adjoining owners had not been properly notified, which they claimed was a jurisdictional requirement. The RTC denied this motion in an Order dated January 22, 2007, confirming that a Notice of Hearing had ...