Case Summary (G.R. No. 108065)
Deed of Exchange as Compensation
Because the canal completely occupied Lot 2958-B (3,588 sqm), the Republic and Baes executed a Deed of Exchange dated June 20, 1970. Baes surrendered Lot 2958-B in exchange for Lot 3271-A, of equal area and value, later registered as TCT No. 24300.
Resurvey and Issuance of New Titles
Petitioner filed for resurvey and subdivision in January 1968, alleging survey discrepancies in Lot 2958-C and a portion of 2958-A. The Court of First Instance approved the plan on January 15, 1968, leading to cancellation of old titles and issuance of four new TCTs:
• Lot 1-A, Blk. 4 (672 sqm) – TCT No. 14404
• Lot 1-B (826 sqm) – TCT No. 14405
• Lot 2958-C-1 (452 sqm) – TCT No. 14406
• Lot 2958-C-2 (2,770 sqm) – TCT No. 14407
Further Consolidation and Subdivision of Lot 2958-C
Lots 2958-C-1 and 2958-C-2 were consolidated and subdivided into four parcels:
• Lot 1 (147 sqm) – TCT No. 29592
• Lot 2 (950 sqm) – TCT No. 29593
• Lot 3 (257 sqm) – TCT No. 29594
• Lot 4 (1,868 sqm) – TCT No. 29595
Republic’s Petition for Cancellation of Titles
In 1978 the Republic discovered that Lot 1-B (TCT No. 14405) sat on the filled bed of Tripa de Gallina (Lot 3611 of the Pasay Cadastre) and that Lots 29592–29595 had been unlawfully enlarged. On November 17, 1982, it filed an action to cancel TCT Nos. 14405 and 29592–29595.
Trial Court Ruling and Remaining Dispute
The trial court declared TCTs 14405, 29592, 29594, and 29595 null and void, ordered their cancellation, and directed reissuance of a 452 sqm title in the petitioner’s name (the original Lot 2958-C area). The only unresolved issue was Lot 1-B (826 sqm, TCT 14405), on which petitioners had built an apartment.
Petitioners’ Reliance on Civil Code Article 461
Petitioners invoked Article 461, arguing that the abandoned creek bed belonged to them ipso facto, since the canal diverted the natural watercourse. They cited Dr. Tolentino’s commentary analogizing government‐made diversions to
...continue readingCase Syllabus (G.R. No. 108065)
Procedural History
- Petitioners Spouses Felix and Rafaela Baes filed Civil Case No. 0460-P in the Court of First Instance of Pasay City seeking nullification of various Transfer Certificates of Title (TCTs) covering subdivisions of Lot 2958.
- The trial court rendered judgment declaring null and void TCT Nos. 14405, 29592, 29593, 29594, 29595 and derivative titles TCT Nos. 124725, 124726, 124727 and 124729; ordered the Register of Deeds of Pasay City to cancel them and issue new titles in the Baeses’ name after segregating 452 sq. m. from TCT No. 29593.
- The trial court dismissed the government’s counterclaim.
- The Court of Appeals affirmed the trial court’s decision in toto.
- The Baeses sought relief by petition for certiorari under Rule 65 before the Supreme Court.
Factual Background
- In 1962, the government excavated a canal through private Lot 2958 (33,902 sq. m.) to streamline the Tripa de Gallina creek.
- Felix Baes held Lot 2958 under TCT No. 10990; he then subdivided it into:
• Lot 2958-A (28,889 sq. m., TCT No. 11041)
• Lot 2958-B (3,588 sq. m., TCT No. 11042) – entirely occupied by the canal
• Lot 2958-C (452 sq. m., TCT No. 11043) - The soil removed from Lot 2958-B was used to fill the old creek bed, later known as Lot 3611 of the Pasay Cadastre.
- On June 20, 1970, by Deed of Exchange, the government conveyed to Baes Lot 3271-A (3,588 sq. m.) in exchange for Lot 2958-B; Lot 3271-A was registered under TCT No. 24300.
Resurvey and Subdivision
- Baes petitioned on January 12, 1968 for correction of bearings and distances of Lot 2958-C and a part of Lot 2958-A, which the Court of First Instance of Pasay City approved on January 15, 1968.
- The old titles were canceled and replaced with four new TCTs:
• Lot 1-A, Blk. 4 (672 sq. m.) – TCT No. T-14404
• Lot 1-B (826 sq. m.) – TCT No. T-14405
• Lot