Professional Documents
Culture Documents
II. 13. Cdo Landless V CA
II. 13. Cdo Landless V CA
FIRST DIVISION
virtue of the Survey Authority issued on March 19, 1964 and the
COCLAIs subdivision survey had already been submitted to the
Central Office for verification and approval but was held in
abeyance.
Patent No. 3551 covering the entire area of Cadastral Lot No.
1982, and by virtue thereof, the Register of Deeds of Cagayan
de Oro City issued on January 3, 1990 an Original Certificate of
Title No. P-3324 in the name of NHA.
Thus, on July 24, 1990, a day after the COCLAI moved for
the execution of the judgment in Civil Case No. 11204, the NHA
filed a complaint for Quieting of Title with Application for a Writ
of Preliminary Injunction against the COCLAI and its president,
Pablo Solomon, as well as the City Sheriff, which was docketed
as Civil Case No. 90-337. Said case was assigned to Branch 25
of the Regional Trial Court in Cagayan de Oro City, presided
over by Hon. Noli T. Catli. In its complaint, plaintiff NHA alleged:
On August 10, 1990, the Regional Trial Court in Civil Case No.
90-337 issued an Order denying the motion to dismiss as well
as plaintiff NHAs prayer for the issuance of a preliminary
injunction to restrain the enforcement of the decision in Civil
Case No. 11204. The motion for reconsideration filed by plaintiff
NHA was likewise denied by the Regional Trial Court in its
Order dated August 17, 1990.[1]
Aggrieved by the decision of the Regional Trial Court, the NHA
appealed to the Court of Appeals which reversed the decision of
the lower court.The decretal portion of the said decision, reads:
WHEREFORE, the instant petition for certiorari is GRANTED
the questioned Orders of respondent judge are hereby declared
null and void and respondent judge is ordered to issue a writ of
preliminary injunction to respect the possession of the petitioner
over the land subject of the dispute x x x[2]
Hence, this petition.
only proper for the Court of Appeals to direct the Regional Trial
Court,[9] where Civil Case No. 90-337 was pending, to grant the
writ of preliminary injunction to restrain the enforcement of the
decision of the MTCC in Civil Case No. 11204 as there was a
material change in the status of the parties with regard to the
said land. Clearly, the government, through the NHA will be
prejudiced by the impending enforcement of the decision in Civil
Case No. 11204 which directs the said agency to restore the
members of petitioner to their respective possession on portions
of Lot No. 1982.
Petitioner claims that Special Patent No. 3351 issued by
then President Corazon Aquino on July 1, 1988 and the
corresponding issuance by the Register of Deeds of Original
Certificate of Title No P-3324 in the name of NHA had entrusted
only the administration of the disputed lot to the said agency but
not the ownership thereof It also alleges that, by virtue of
Proclamation No. 2290, issued on May 10, 1985, declaring the
land situated at Barrio Macabalan, Cagayan de Oro City, as
Slum Improvement Settlement (SIR) area, it is illegal for NHA to
claim ownership over the said land. Furthermore, petitioner also
claims that respondent Court overlooked the fact that the issues
on ownership and possession are sub-judice before RTC,
Branch 25, Cagayan de Oro City in Civil Case ;No. 90-337 x x
x[10] Hence, it concludes that the appellate court cannot pass
upon these issues as there is still no final judgment on said civil
case.
Petitioners contentions are bereft of merit.
The Original Certificate of Title (No. P-3324) issued to
respondent NHA serves as a concrete and conclusive evidence
of an indefeasible title to the property. Accordingly, once a
decree of registration is issued under the Torrens systems and
the one year period from the issuance of the decree of
registration has lapsed, without said decree being controverted
by any adverse party, the title becomes perfect and cannot later
on be questioned.[11]
Furthermore, in the case at bench, the original certificate of
title was issued by the Register of Deeds, under an