Case Digest (G.R. No. 215009)
Facts:
Republic of the Philippines v. Carmen Santorio Galeno, G.R. No. 215009, January 23, 2017, the Supreme Court First Division, Perlas‑Bernabe, J., writing for the Court. The petitioner is the Republic of the Philippines (through the Office of the Solicitor General); the respondent is Carmen Santorio Galeno, who sought correction of the area shown on an Original Certificate of Title.On September 2, 2003, respondent filed before the Regional Trial Court (RTC) of Dumangas, Iloilo, Branch 68, a petition to correct the area of Lot No. 2285 covered by OCT No. 46417. She alleged ownership as co‑owner by virtue of a July 6, 1962 Deed of Sale and invoked an approved subdivision plan and a DENR certification showing a larger area (21,298 sq. m.) than that appearing on the title (20,948 sq. m.). She asserted that adjoining owners had been notified.
Because there was no opposition, the RTC accepted respondent’s evidence ex parte for purposes of jurisdictional requirements and, in an Order dated October 13, 2006, granted the petition and directed the Register of Deeds to correct the area in OCT No. 46417. The Republic moved for reconsideration, arguing lack of notice to adjoining owners; the RTC denied the motion in an Order dated January 22, 2007, finding that Notices of Hearing had been sent.
The Republic appealed to the Court of Appeals (CA). In a Decision dated June 27, 2013 (CA‑G.R. CV No. 02085), the CA affirmed the RTC, finding respondent proved by a preponderance of evidence—chiefly DENR records—that the true area was 21,298 sq. m., and noting no objections by properly notified adjo...(Pro-only)
Issues:
- Did the Court of Appeals err in upholding the correction of the area of Lot No. 2285 in OCT No. 46417?...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)