Case Summary (G.R. No. 212938)
Key Dates
May 10, 1995 – Free patent and issuance of Original Certificate of Title (OCT) P-61499 in Dominic’s favor
May 5, 1997 – Filing of an accion publiciana by Dominic (through his father) in RTC, Branch 22, Cabagan, Isabela
May 18, 2010 – RTC decision dismissing Dominic’s complaint and ordering reconveyance to the heirs of Cullado
March 18, 2011 – Dominic’s petition for relief from judgment denied as late
October 18, 2011 – Petition for annulment of judgment filed in the Court of Appeals (CA)
December 6, 2013 – CA decision reversing the RTC and granting annulment
May 27, 2014 – CA denial of motion for reconsideration
July 30, 2019 – Supreme Court decision
Applicable Law
1987 Philippine Constitution; Rules of Court (Rules 45, 47, 70, 141); Property Registration Decree (PD 1529); Commonwealth Act No. 141 (Public Land Act); Civil Code
Facts of the Case
Dominic obtained a Torrens title over an 18,280 m² parcel in Aneg, Delfin Albano, Isabela. In 1997, his father filed an accion publiciana for recovery of possession against Alfredo Cullado, alleging squatting since 1977. Cullado asserted in his answer that he had cultivated the land in open, adverse, continuous possession and counterclaimed for reconveyance on grounds of fraud in Dominic’s title. Cullado died; his heirs continued the defense.
Procedural History
RTC granted Cullado’s heirs relief, dismissing Dominic’s complaint and ordering reconveyance. Dominic’s petition for relief from judgment was denied as late. He then filed for annulment of judgment in the CA, which granted annulment for lack of jurisdiction in the RTC to order reconveyance in an accion publiciana. The heirs of Cullado elevated the matter to the Supreme Court via Rule 45 petition.
Issue
Whether the Court of Appeals erred in annulling the RTC decision and holding that the RTC lacked jurisdiction to order reconveyance in an accion publiciana.
Ruling on Annulment of Judgment
The CA properly admitted annulment under Rule 47 for lack of jurisdiction, since Dominic, without fault, had exhausted ordinary remedies (petition for relief). Lack of jurisdiction is a valid ground irrespective of laches or estoppel when timely asserted.
Nature of Remedies for Recovery of Possession
Three actions exist:
• Accion interdictal (summary ejectment) – for forcible entry or unlawful detainer within one year;
• Accion publiciana – for better right of possession after one year;
• Accion reivindicatoria – for recovery of ownership.
An accion publiciana may provisionally resolve ownership only to decide possession; it cannot definitively alter a Torrens title or order reconveyance.
Accion Publiciana and Ownership Issues
In an accion publiciana, a defendant’s challenge to the plaintiff’s title does not constitute a collateral attack on Torrens certificates because such resolution is provisional and limited to possession. The RTC exceeded its jurisdiction by definitively ruling on ownership, declaring reacquisitive prescription in favor of Cullado’s heirs, and ordering reconveyance. Their counterclaims for fraud and reconveyance were mischaracterized as affirmative defenses; such claims, if properly raised as permissive counterclaims, required separate fees to confer jurisdiction.
Applicability of the Torrens System
Dominic’s OCT became indefeasible one year after issuance (PD 1529, Sec. 32). Challenges based on fraud after that period are barred except via direct proceed
...continue readingCase Syllabus (G.R. No. 212938)
Facts
- On May 10, 1995, Original Certificate of Title (OCT) No. P-61499 covering an 18,280 m² parcel in Aneg, Delfin Albano, Isabela, issued in favor of Dominic V. Gutierrez.
- On May 5, 1997, Dominic’s father, Dominador L. Gutierrez, acting for the then-minor Dominic, filed before RTC Branch 22, Cabagan, Isabela, an action captioned “For Ownership, Possession with Damages, Preliminary Mandatory Injunction and Temporary Restraining Order” against Alfredo Cullado.
- Dominic alleged that Cullado had squatted on the parcel since 1977 and refused to vacate despite demands.
- Cullado’s Answer and Motion to Dismiss asserted actual, open, adverse, continuous possession and cultivation; he prayed for reconveyance, alleging fraud in the titling of OCT No. P-61499.
- Cullado died during trial and was substituted by his heirs (Lolita, Dominador, Romeo, Noel, Rebecca, Mary Jane and Jimmy Cullado).
- Dominic’s counsel repeatedly failed to appear; the heirs were permitted to present evidence, and Dominic was deemed to have waived cross-examination.
Procedural History
- May 18, 2010: RTC rendered judgment dismissing Dominic’s complaint and ordering him to reconvey the land to the heirs of Alfredo Cullado.
- March 18, 2011: Dominic’s Petition for Relief from Judgment (Rule 38) was denied as tardy.
- October 18, 2011: Dominic filed a petition for annulment of judgment under Rule 47 before the Court of Appeals (CA).
- November 21, 2011: CA initially dismissed the petition.
- October 23, 2012: CA reinstated and gave due course to Dominic’s annulment petition.
- December 6, 2013: CA granted the petition, reversed and set aside the RTC decision for lack of jurisdiction in ordering reconveyance in an accion publiciana.