Case Summary (G.R. No. 205979)
Background of the Case
The Heirs of Jose Malit, Sr. initiated a Complaint for Partition and Damages against the Heirs of Jesus Malit. The complaint alleged an oral agreement regarding the title and registration of the subject property, which the Heirs of Jesus Malit purportedly breached by subdividing the land and obtaining titles solely in their names. The Respondents countered the complaint with defenses including lack of cause of action, forum shopping, and failure to comply with a condition precedent.
Ruling of the Regional Trial Court (RTC)
The RTC dismissed the complaint on the grounds of a prior judgment in a different case (Civil Case No. 4816), claims concerning the property being non-partitionable due to prior patent acquisition by the Heirs of Jesus Malit, insufficient verification of the complaint, and failure to demonstrate earnest efforts for compromise as required by Article 222 of the Civil Code. The RTC concluded that the dismissal was final and therefore barred any action for a similar claim.
Court of Appeals (CA) Decision
The CA upheld the RTC's dismissal, maintaining that the correct course of action for the Petitioners would be to appeal rather than file a certiorari petition under Rule 65. The CA found that the Petitioners’ arguments addressed errors in judgment rather than grave abuse of discretion, reinforcing that their appeal was filed late, as it was submitted 51 days after the RTC's denial of their motion for reconsideration.
Issue for Resolution
The primary issue at hand was whether the CA erred in dismissing the Heirs of Jose Malit, Sr.'s petition on the grounds of incorrect remedy or untimeliness of filing.
Supreme Court's Ruling
The Supreme Court affirmed the CA's decision, asserting that the RTC's dismissal constituted a final order making the dismissal with prejudice, thus disqualifying the Petitioners from seeking certiorari. The Court reiterated that litigation rules allow for dismissal w
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Case Overview
- Case Citation: G.R. No. 205979, April 28, 2021
- Parties Involved:
- Petitioners: Heirs of Jose Malit, Sr. (Jose Malit, Jr., Edilberto Malit, Loreta Malit-Sumauang, Cecilia Malit-Timbang, Maria Luz Malit-Felice, Teresita Malit-Paule)
- Respondents: Heirs of Jesus Malit (Elsa Malit-Almero, Myrna Malit-Alvarez, Edelwina Malit-Clarete, Zenaida Malit-Gatdula, Elisa Malit-Songco, Lilian M. Malit, Feliciana Malit-Paule, Feliciano M. Malit, Agustin M. Malit, Diosdado M. Malit, Orlando M. Malit, Marianita D. Asuncion)
Procedural History
- The Petition for Review on Certiorari was filed under Rule 45 of the Rules of Court by the Heirs of Jose Malit, Sr. challenging the Decision dated May 24, 2012, and the Resolution dated February 27, 2013, of the Court of Appeals (CA).
- The CA dismissed the Heirs of Jose Malit, Sr.'s Petition under Rule 65, asserting it was the wrong remedy to contest the Orders from the Regional Trial Court (RTC) that dismissed Civil Case No. DH-1171-08.
Antecedents
- Initial Complaint: The Heirs of Jose Malit, Sr. filed a complaint for Partition and Damages against the Heirs of Jesus Malit.
- Key Allegations:
- Jose Malit, Sr. and Jesus Malit are brothers, sons of Andres Malit.
- The Heirs of both Jose and Jesus are first-degree cousins and co-owners of Lot 980, a 16.8-hectare land in Hermosa, Bataan.
- There was an oral agreement for the Heirs of Jesus Malit to facilitate the titling and registrati
- Key Allegations: