Case Digest (G.R. No. L-32964)
Facts:
- Petitioners: Galileo D. Sibala and Anthony Chan.
- Respondents: Hon. Vicente Bullecer (Judge), Aurora de Guzman, Paz de Guzman, and Nicolas de Guzman.
- Origin: Cadastral Case No. N-15, L.R.C. Record No. 447, where Lots Nos. 167 and 182 were adjudicated in favor of Sibala.
- Decrees issued: Lot 167 on June 27, 1966; Lot 182 on October 26, 1965.
- Private respondents filed a motion for reconsideration on December 8, 1965, alleging fraud.
- Motions for reconsideration: Amended Motion on September 29, 1966, and Supplemental Amended Motion on December 9, 1966.
- Respondent Judge treated these motions as a Petition for Review under Section 38 of Act 496.
- Anthony Chan was included as a respondent due to his purchase of the lots from Sibala.
- Sibala filed a Motion to Dismiss on December 24, 1966, citing lack of jurisdiction and other grounds.
- Motion to Dismiss was denied on March 18, 1968; subsequent motions were also denied.
- An Amended Motion for Reconsideration was denied on September 6, 1969.
- Petitioners sought certiorari in the Court of Appeals, which dismissed it.
- Petitioners then filed a petition for review with the Supreme Court.
Issue:
- (Unlock)
Ruling:
- The Supreme Court denied the petition and affirmed the Court of Appeals' decision.
- The Court ruled that the petition for review was filed on time, despite the late payment of the filing fee. ...(Unlock)
Ratio:
- The Supreme Court found the petition for review valid despite the late filing fee payment.
- The original motions for reconsideration were treated as petitions for review, justifying the delay in payment.
- The private respondents acted ...continue reading
Case Digest (G.R. No. L-32964)
Facts:
The case involves petitioners Galileo D. Sibala and Anthony Chan against respondents Hon. Vicente Bullecer, Judge of the Court of First Instance of Davao Oriental, and private respondents Aurora de Guzman, Paz de Guzman, and Nicolas de Guzman. The events leading to this case began with Cadastral Case No. N-15, L.R.C. Record No. 447, where the Court of First Instance of Davao Oriental adjudicated Lots Nos. 167 and 182 in favor of petitioner Sibala. The decree for Lot 167 was issued on June 27, 1966, while the decree for Lot 182 was issued on October 26, 1965. On December 8, 1965, the private respondents filed a motion for reconsideration, claiming fraud as the basis for setting aside the decisions regarding the lots. This original motion was later superseded by an Amended Motion for Reconsideration on September 29, 1966, and a Supplemental Amended Motion for Reconsideration on December 9, 1966. The respondent Judge treated these motions as a Petition for Review of Decree under Section 38 of Act 496, without objection from Sibala. Anthony Chan was included as a respondent since he purchased the lots from Sibala.
On December 24, 1966, Sibala filed a Motion to Dismiss the petition for review, arguing that the lower court lacked jurisdiction over the lots due to the private respondents being declared in default regarding Lot 182, the motions for reconsideration being filed out of time, and the decrees being incontrovertible. This motion was denied on March 18, 1...