Case Summary (G.R. No. 139588)
Judicial‐Confirmation Application and Issuance of OCT
• July 24, 1974 – Heirs of Graciano A. Neri filed LRC Case No. N-531 in Court of First Instance for judicial confirmation of imperfect title over Lot 2821, alleging fee-simple ownership by intestate succession, continuous adverse possession, tax payments, and lack of encumbrances.
• January 27, 1975 – Court issued notice of initial hearing; published in Official Gazette; served by ordinary mail and special messenger on Solicitor General and Bureau of Lands, neither of which appeared or opposed.
• February 5, 1976 – Judgment granting confirmation by default; Decree No. N-361749 issued; OCT No. 0662 registered on September 26, 1976 in respondents’ names.
Annulment Complaint in Civil Case No. 7514
• January 5, 1981 – Petitioner filed complaint for annulment of OCT No. 0662 and reversion of the property, alleging:
– Lack of personal service on Solicitor General/Director of Lands in violation of Section 51, CA 141 (jurisdictional defect).
– Failure to submit Plan (LRC) SWO-150 to Director of Lands for re-verification and approval under PD 239 (jurisdictional defect).
• Respondents’ Answer: Contended service was duty of court clerk; Land Registration Commission had processed and approved plan; any administrative lapses were procedural, not jurisdictional; action prescribed.
Procedural History Through the Courts
• October 16, 1976 – Respondents obtained writ of possession; Bureau of Lands’ request to suspend enforcement denied.
• March 18, 1985 – Supreme Court dismissed earlier certiorari petition without prejudice to Civil Case No. 7514.
• 1985-1988 – Intervention by tillers dismissed; special power of attorney executed; parties agreed to decide on memoranda and documentary evidence without full trial.
• January 31, 1995 – RTC dismissed annulment complaint for failure of petitioner to prove allegations; upheld regularity of CFI and Land Registration Commission; presumed official acts valid.
• April 29, 1999 – CA affirmed RTC decision and denied reconsideration.
Issues on Jurisdictional Requirements
- Personal service on Director of Lands and Solicitor General as mandated by Section 51, CA 141.
- Mandatory submission and approval of survey plan by Director of Lands under Sections 2 and 3, PD 239 and Section 17, PD 1529.
- Burden of proof: petitioner to prove material allegations; respondents to prove compliance with jurisdictional prerequisites.
Supreme Court’s Analysis and Holding
• Service Presumption and Burden of Proof: Official presumption that court and Commission performed service; petitioner bears duty to overcome presumption with evidence from LRC Case No. N-531 records, which it did not obtain.
• Approval of Survey Plan: Re
Case Syllabus (G.R. No. 139588)
Facts
- Lot 2821, Plan (LRC) SWO-150, is a 105.568-hectare parcel in Sitio Taguanao, Indahag, Cagayan de Oro City.
- Bureau of Forest Development certified the land alienable and disposable on September 3, 1973.
- July 24, 1974: Heirs of Graciano A. Neri filed Land Registration Case No. N-531 for judicial confirmation of imperfect title in the CFI of Misamis Oriental.
- Applicants claimed intestate succession, open and continuous possession, payment of taxes, absence of encumbrances, and listed tenants and adjoining owners.
- The application included tracing plan, technical description, and four tax declarations.
- January 27, 1975: Notice of initial hearing published in Official Gazette and copies sent to Director of Lands, Solicitor General, and Bureau of Forest Development; no opposition or appearance.
- February 5, 1976: CFI granted ex parte judgment, issued Decree No. N-361749; OCT No. 0662 issued September 26, 1976.
Petition for Annulment and Reversion (Civil Case No. 7514)
- January 5, 1981: Petitioner (Republic, through Solicitor General and Director of Lands) filed complaint to annul OCT No. 0662 and revert the land, alleging:
- Lot is public domain under Director of Lands’ control.
- Violation of Section 51, Commonwealth Act No. 141: failure to serve application on Director of Lands and Solicitor General.
- Violation of Sections 2–3, Presidential Decree No. 239: failure to re-verify and approve survey plan.
- Respondents answered that:
- The parcel had been private property for over 50 years; title was properly issued.
- Duty of service rested on court clerk; report on pre-verification was forwarded.
- Any procedural defects were non-jurisdictional; action was time-barred.
- Petitioner’s reply denied existence of any approved plan or report.
Intervention and Related Proceedings
- October 16, 1976: Respondents obtained writ of possession; petitioner’s motion to suspend enforcement denied.
- November 19, 1981: Petitioner sought certiorari in SC (G.R. No. 58823); dismissed Mar