Case Digest (G.R. No. 152518)
Facts:
Spouses Prisco P. Cal, Jr. and Alice Canoy Cal v. Mariano A. Zosa, G.R. No. 152518, July 31, 2006, Supreme Court Second Division, Sandoval-Gutierrez, J., writing for the Court. The petition is a Rule 45 petition for review on certiorari contesting the Court of Appeals' February 11, 2002 decision in CA-G.R. CV No. 65860.Vidal Jimeno died intestate, survived by his widow, Salud Montemayor Jimeno, and four children (the Jimeno heirs). Salud filed a petition for letters of administration (Special Proceedings No. 570‑R) on September 17, 1949; after her death the four children filed for letters of administration on May 28, 1952 (Special Proceedings No. 932‑R). The two administration proceedings were consolidated in the Court of First Instance (CFI) of Cebu.
The Jimeno children hired Atty. Mariano A. Zosa as counsel and on August 28, 1957 executed a Deed of Assignment conveying to him all their rights and interests in a parcel of land in Bulongan, Toledo City as payment for legal services. The trial court approved the Deed of Assignment on December 18, 1964 in Special Proceedings No. 932‑R. On various dates the children also sold pro‑indiviso shares in the same lot to spouses Felix and Pacita Barba.
A cadastral survey by the Bureau of Lands identified the parcel (formerly Tax Declaration No. 03320) as Lot 3616 in LRC Cadastral Records No. N‑585. The Director of Lands filed a petition for registration (Cadastral Case No. N‑3‑T), later elevated to the Regional Trial Court (RTC), Branch 10, Cebu City, as Cadastral Case No. N‑2‑T. Atty. Zosa filed a claim for Lot 3616 and attached Tax Declaration No. 03320 and the court order approving the assignment; Felix Barba filed an adverse claim and presented evidence in opposition. Barba later conveyed whatever interest he claimed to third parties, and ultimately the property passed to petitioners Spouses Cal by subsequent transfers.
On February 18, 1988, the RTC (sitting as cadastral court), adjudicated Lot 3616 in favor of Atty. Zosa, reasoning that the Jimeno heirs’ sales to Barba occurred while the administration proceedings were unresolved and that the court‑approved assignment to Zosa gave him the superior right. Felix Barba appealed to the Court of Appeals (CA G.R. CV No. 22941). On January 29, 1992 the Court of Appeals affirmed, and its decision became final and executory on February 22, 1992. The cadastral court thereafter directed issuance of decree, and on November 18, 1992 the Land Registration Commission issued Decree No. N‑199584; an Original Certificate of Title (OCT No. O‑203) in Atty. Zosa’s name was issued on December 9, 1992.
On November 30, 1993 petitioners filed in the RTC, Branch 29, Toledo City, a "Petition for Review or Reopening of the Decree in LRC Case No. N‑3‑T" (LRC Case No. 92), alleging that Atty. Zosa obtained the decree by extrinsic (actual) fraud and failed to prove his claim. The trial court dismissed the petition on September 28, 1999 and declared Atty. Zosa the lawful owner of Lot 361...(Subscriber-Only)
Issues:
- Are petitioners bound by the judgment rendered in CA G.R. CV No. 22941, thereby barring the present proceedings?
- Was Decree No. N‑199584 (and the issuance of OCT No. O‑203) attended with actual/extrinsic fraud within the meaning of Section 32 of P.D. No. 1529, thus warranting r...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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