Title
Estate of Salvador Serra Serra vs. Heirs of Hernaez
Case
G.R. No. 142913
Decision Date
Aug 9, 2005
Heirs of Hernaez sought reconstitution of lost titles; Serra heirs contested ownership. Court upheld Hernaez heirs' rights, citing procedural lapses, alien land ownership restrictions, and conclusive factual findings.

Case Summary (G.R. No. 142913)

Applicable Law

The principle governing this case primarily stems from the 1987 Philippine Constitution, which dictates property ownership regulations and stipulations concerning foreign entities' eligibility to acquire land in the Philippines.

Factual Background

On December 27, 1967, a petition was filed by the heirs of Eleuterio Hernaez in the Court of First Instance of Bacolod City for the reconstitution of lost original certificates of title concerning various properties. The CFI granted the petition on April 6, 1968, leading to the issuance of reconstituted certificates of title. However, these were later canceled when the Hernaez heirs submitted a declaration of heirship, subsequently obtaining new Transfer Certificates of Title (TCT) in 1969.

Dispute and Initial Court Rulings

Upon learning of these developments, Salvador Serra Serra and his co-heirs filed an adverse claim and requested cancellation of the reconstituted titles. However, the trial court denied this request and granted possession of the properties to the Hernaez heirs, prompting Serra Serra to seek recourse through the Court of Appeals.

Court of Appeals and Supreme Court Involvement

The Court of Appeals intervened by initially issuing a preliminary injunction, which it later lifted. The petitioners subsequently pursued certiorari against this resolution, which led to a Supreme Court ruling on March 22, 1991, reinstating the injunction and directing the resumption of possession of the lands in question by the Serra Seras.

Subsequent Trial Court Decision

Following the Supreme Court's directive, the trial court heard the motion for cancellation of the titles, resulting in a November 25, 1998 judgment against the Serra Serra heirs. The trial court found for the Hernaez heirs, declaring the TCTs held by the Serra Seras null and void on the grounds that they were issued to foreigners, thus invalidating their claims based on citizenship issues.

Appeals and Final Rulings

The Serra Serra heirs, without seeking a reconsideration from the trial court, elevated the matter to the Court of Appeals which, on March 3, 2000, dismissed their petition for certiorari, emphasizing the absence of merit and procedural deficiencies, particularly the lack of a motion for reconsideration.

Supreme Court’s Final Determination

The Supreme Court affirmed the Court of Appeals' decision, delineating that the failure of the petitioners to file a motion for reconsideration constituted a significant procedural misstep. The Court reite

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