G.R. No. 248505 - Rodolfo Serapion, Sr. and Rodolfo Serapion, Jr. vs. Napoleon D. Ambagan and Philip Ambagan

Rodolfo Serapion, Sr. (Rodolfo, Sr.) and Rodolfo Serapion, Jr. (Rodolfo, Jr.) filed an Amended Complaint on August 27, 2008 before the Municipal Trial Court (MTC) of Binangonan, Rizal for quieting of title and recovery of possession with damages.
The suit was against Napoleon D. Ambagan, Philip Ambagan, and all persons claiming rights under them concerning a 2,439-sq.m. parcel of land, Lot 15326, Cad. 609-D, Tayuman, Binangonan, Rizal, covered by Original Certificate of Title (OCT) No. M-4863.

Rodolfo, et al. claimed Napoleon unlawfully occupied Lot 15326, demolished an existing shanty, built a new one, and applied for a free patent despite title having been issued to them.
The Department of Environment and Natural Resources (DENR) cancelled and revoked Napoleon’s free patents (Free Patent Nos. (IV-1) 045804-91-1070P and (IV-1) 15053) in DENR Case No. V-5806 dated March 10, 2005.
Subsequently, Rodolfo, Sr. donated Lot 15326 to his son, and a Transfer Certificate of Title (TCT) No. M-41673 was issued to Rodolfo, Jr. The lot was subdivided into 11 lots with separate titles.
Napoleon, et al. denied the allegations, claiming the Amended Complaint stated no cause of action. They argued free patent and OCT No. M-4863 issued to Rodolfo, Sr. were fraudulent, as Napoleon had earlier application for free patent on the same land.
They claimed actual possession since at least 1980, confirmed by DENR investigation, and possession was public, continuous, adverse, and under the concept of ownership for more than 30 years.
Napoleon also challenged Rodolfo, Sr.’s authority to file the case, questioning the verification and certification against forum shopping signed only by Rodolfo, Sr.

On January 12, 2015, the MTC dismissed the Amended Complaint and partially granted the Counterclaim, declaring Rodolfo, Sr.'s free patent and OCT null and void, including derivative titles.
The MTC ruled Rodolfo, Sr. was not authorized to file the complaint on behalf of his son, noting deficiencies in the Special Power of Attorney (SPA).
The MTC found Rodolfo, Sr.’s application for free patent fraudulent for lack of proof of actual occupation and cultivation.
Napoleon’s failure to appeal DENR’s cancellation meant his free patent could not be awarded and the property was ordered reverted to public domain.

The RTC, in September 28, 2016 Decision, affirmed the MTC ruling, dismissing Rodolfo, Sr.’s appeal for lack of merit, emphasizing the absence of authorization and confirming fraudulent free patent application.
The CA, in October 18, 2018 Decision, denied Rodolfo, Sr.’s petition for review and referred the matter of reversion to the Office of the Solicitor General (OSG).
The CA agreed Rodolfo, Sr. was not the real party-in-interest, and that Rodolfo, et al. failed to prove continuous and exclusive possession or rightful ownership.
Regarding Napoleon’s counterclaim, CA ruled Napoleon et al. lacked standing to seek nullification of Rodolfo, Sr.’s free patent and title and reconveyance; only the State, through the OSG, can file such an action.
Both parties filed motions for reconsideration, which the CA denied on July 5, 2019.

Whether Napoleon, et al. had standing to file the counterclaim for cancellation of free patent and OCT and for reconveyance of Lot 15326.
Whether Rodolfo, Sr. had the authority and legal standing as the real party-in-interest to file the Amended Complaint for quieting of title and recovery of possession.
Whether the free patent and OCT issued in favor of Rodolfo, Sr. were valid or void due to fraud.
Whether the case should be referred to the Office of the Solicitor General for the reversion of Lot 15326 to the public domain.