Title
Ibonilla vs. Province of Cebu
Case
G.R. No. 97463
Decision Date
Jun 26, 1992
In 1960, Cebu donated land to a school with reversion conditions. After the school's conversion, Cebu demanded its return, claiming the donation void. Petitioners opposed but lacked legal standing; the Supreme Court upheld lower courts, ruling the MOA resolved the dispute.

Case Summary (G.R. No. 97463)

Factual Background

In 1952 the use and usufruct of forty parcels of land was granted to the Cebu (Sudlon) Agricultural School. On March 18, 1960, the Province of Cebu donated the forty lots to the School subject to two conditions: (1) that if the School ceased to operate ownership of the lots would automatically revert to the Provincial Government of Cebu; and (2) that the School could not alienate, lease or encumber the properties.

Statutory Reorganization of the School

Pursuant to BP Blg. 412, which incorporated and consolidated certain vocational schools in the Province of Cebu into one school system, the Cebu (Sudlon) Agricultural School became an extension of the Cebu State College of Agriculture in 1983. The donated parcels thus came under the institutional status of the school as reorganized under that law.

Triggering Controversy and Claim for Quieting of Title

On November 18, 1988 the Province of Cebu demanded return of the forty donated lots, asserting that the Deed of Donation was void ab initio because the Cebu (Sudlon) Agricultural School allegedly lacked the legal personality to be a donee of real property. A group described in the record as officials, faculty and employees of the School, parents of enrolled students, and various school organizations opposed rescission and filed a complaint to quiet title to the parcels.

Respondent Province’s Answer and Subsequent Agreement

In its answer the Province maintained that the Deed of Donation was null and void and that reconveyance was required because the School had ceased to exist and operate as such; the Province disclosed plans to use the lots for residences for Regional Trial Court judges, an NBI Drug Rehabilitation Center, and other government offices. On February 1, 1989 a Memorandum of Agreement was executed between the Province, represented by Governor Emilio M.R. Osmeña, and the Cebu State College of Science and Technology, represented by Secretary Lourdes R. Quisumbing, allocating nineteen lots to the Province, twenty-three lots to the school, and reserving Lot No. 1033 (covered by TCT No. 21411) for a national government center and DECS regional office; the agreement was ratified by the Sangguniang Panlalawigan and by the Board of Trustees of the School.

Motion to Dismiss and Trial Court Disposition

The Province moved to dismiss the quieting action on March 10, 1989, asserting the controversy had become moot and academic in light of the Memorandum of Agreement. The Regional Trial Court of Cebu City, by decision dated November 8, 1989, dismissed the complaint on the ground that the plaintiffs were not the real parties in interest. The trial court expressly declined to resolve whether the Memorandum of Agreement was legal or was executed illegally by the Secretary of Education, concluding dismissal was the only option because the plaintiffs lacked the requisite status to prosecute the suit.

Court of Appeals’ Ruling

The Court of Appeals, in its decision of February 8, 1991 in CA-G.R. CV No. 24536, affirmed the trial court. The appellate court found that the numerous petitioners were not owners of the lots, did not claim any legally protected interest that was violated, and suffered no injury warranting judicial relief. The Court of Appeals held that only a real party in interest may sue to quiet title and relied on Sec. 2, Rule 3 of the Rules of Court and authorities defining real party in interest as one who would be benefited or injured by the judgment or entitled to the avails of the suit, citing Lee vs. Romillo, Jr. and treating real interest as a present substantial interest as distinguished from a mere expectancy, citing Garcia vs. David.

Supreme Court Review and Holding

This Court entertained a petition for review on certiorari of the Court of Appeals’ decision but found no reversible error. The Court agreed that the petitioners were not real parties in interest because they did not assert ownership or any legal right to the parcels that the judgment could vindicate. The Court held that the finding of the trial court and the Court of Appeals that the petitioners lack

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