Professional Documents
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Marcial Vs Hi-Cement
Marcial Vs Hi-Cement
Supreme Court
Manila
SECOND DIVISION
- versus - Present:
PUNO, Chairman,
HI-CEMENT CORPORATION/ AUSTRIA-MARTINEZ,
UNION CEMENT CORPORATION, CALLEJO, SR.,
AGAPITO LLOCE, VICTORIANO TINGA, and
MURING, and VENERANDO CHICO-NAZARIO, JJ.
GAMBE,
Respondents. Promulgated:
November 18, 2005
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DECISION
AUSTRIA-MARTINEZ, J.:
Before the Court is a petition for review on certiorari under Rule 45 of the Rules
of Court assailing the Resolution[1] dated June 2, 2000 of the Court of Appeals
(CA) in CA-G.R. SP No. 58910, which denied petitioner's motion for extension of
time to file petition for review; and the CA Resolution dated August 16, 2000,
which denied petitioner's motion for reconsideration.
On June 15, 1995, petitioner Domingo Marcial filed a complaint for forcible entry
against respondents Agapito Lloce, Victoriano Muring and Venerando Gambe
(Lloce, et al.) before the Municipal Trial Court, Branch 1, Norzagaray, Bulacan
(MTC), docketed as Civil Case No. 739. In his complaint, petitioner alleges that on
April 11, 1995, respondents Lloce, et al. forcibly entered his land located in Sitio
Gidgid, Bgy. Matictic, Norzagaray, Bulacan. [2]
On November 29, 1996, respondents Lloce, et al. filed their answer, alleging that:
they are not the real parties-in-interest since they are mere employees of herein
respondent Hi-Cement Corporation (HCC), acting for its interest; respondent HCC
has been in possession of the disputed property under an agreement with Iluminada
de Guzman, the owner thereof; petitioner has no right to possession of the disputed
property.[3]
On February 23, 1996, upon joint manifestation of the parties, the MTC ordered
for relocation survey of the subject property to be conducted by a survey team
chaired by Engr. Librado Gellez, Chief of the Surveys Division of Bulacan,
together with Engr. Eduardo America, representing the petitioner and Engr.
Edilberto Villaseor, representing the respondents Lloce, et al.[4]
Following the relocation survey, the survey team submitted a Surveyor's Report on
May 29, 1996. The Surveyors Report reads, in part:
1. That on May 25, 1996, the undersigned surveyors went to the site to
be surveyed at Barangay Matictic, Norzagaray, Bulacan;
More than two years after filing the complaint, petitioner filed on September
2, 1997 a motion for leave of court to amend and to admit his amended complaint
to implead HCC as party defendant.[6] The trial court issued summons.[7]
On May 26, 1998, the MTC directed the parties to submit their position
papers.[9]
SO ORDERED.[10]
Dissatisfied, respondents appealed. On January 26, 2000, the Regional Trial Court,
Branch 85, Malolos, Bulacan (RTC), reversed the decision of the MTC and
dismissed petitioner's complaint.[11]
The RTC held that petitioner's evidence failed to measure up to the quantum
of evidence required in civil cases since he failed to prove by preponderance of
evidence his better right to material possession of Lot-3294, Cad-350, Norzagaray
Cadastre; and that building a fence, the certifications by the police that petitioner
filed complaints for destruction of his fence, and the certification of the Lupon
Tagapamayapa are not proofs of prior possession.
As to the MTC's reliance on the relocation survey, the RTC held that it was
error for the MTC to consider respondents' acquiescence for a relocation survey as
an admission on their part that petitioner indeed is the owner thereof and they had
encroached and hauled materials therefrom; that to sustain such a finding would be
too presumptuous and poses a dangerous precedent because litigants would never
ever accede to a relocation survey of a disputed property lest they be estopped later
on as having admitted their opponents rights thereto.
Petitioner received the decision on February 11, 2000. [12] On February 26, 2000,
petitioner filed a motion for reconsideration.[13] On May 15, 2000, the RTC denied
the motion for reconsideration.[14] On May 23, 2000, petitioner received the Order
denying his motion for reconsideration.[15]
On May 24, 2000, petitioner filed a Notice of Appeal with the RTC.[16] On May 29,
2000, the RTC denied petitioner's notice of appeal for being an improper mode of
appeal since the assailed decision was rendered by the RTC in exercise of its
appellate jurisdiction.[17]
However, three days earlier, or on May 26, 2000, petitioner had filed a motion for
extension of time to file petition for review with the CA, which reads as follows:
COMES NOW the petitioner, through counsel, and to this
Honorable Court most respectfully alleges;
I
Petitioner received the Decision dated January 26, 2000 which
he received February 11, 2000; and
II
He filed a Motion for Reconsideration on February 26, 2000;
III
On May 23, 2000 he received order dated May 15, 2000
denying his motion for reconsideration. Under Sec. 1, Rule 42 Rules
of Civil Procedure, he has 15 days to file Petition for Review in
relation to Sec. 2 (b) Rule 41, Rule of Civil Procedure, but he may not
be able to finish it before the deadline, because undersigned counsel is
saddled with preparation of equally urgent pleadings, briefs and
memoranda, aside from daily trials.
Caloocan City for Manila, May 25, 2000.[18]
On June 2, 2000, the CA issued the first assailed resolution, denying petitioner's
motion for extension. The CA held:
Prior to receipt, however, of the said first assailed resolution, petitioner filed, on
June 7, 2000, an amended motion for extension of time to file petition for review,
praying for a thirty-day period from June 7, 2000 or until July 7, 2000 to file his
petition for review.[20]
Petitioner contends that the CA erred in denying his first motion for extension
since he filed it on May 26, 2000, well within the fifteen-day
period to file his petition for review or until June 7, 2000, counted from receipt of
the denial of his motion for reconsideration on May 23, 2000. Moreover, he
submits that he has a meritorious case and respondents are estopped from denying
that Lot-3294 belongs to him.
On the other hand, respondents submit that the RTC decision is final with respect
to respondent HCC because petitioner did not implead respondent HCC as partyrespondent in his motions for extension before the CA. They contend that, even if
the decision is not yet final as against HCC, the CA correctly denied the first
motion for extension because it did not contain a prayer or relief and therefore was
fatally defective, while the amended motion for extension requested for thirty days
which is beyond the fifteen-day period allowed by the rules and no compelling
reason has been offered by petitioner's counsel to warrant the grant of a thirty-day
period.
At the outset, the Court notes that the CA erred in denying for late filing of
petitioner's first motion for extension to file petition for review. Undoubtedly, the
error was caused by confusion due to the ambiguous averments in the motion for
extension that petitioner received the Decision dated January 26, 2000 which
he received on February 11, 2000; and he filed a motion for reconsideration
thereof on February 26, 2000. The reckoning date for filing the motion for
extension to file petition for review with the CA was on May 23, 2000 when
petitioner received the order of the denial of his motion for reconsideration
pursuant to Section 1, Rule 42 of the 1997 Rules of Civil Procedure to the effect
that (a) party desiring to appeal from a decision of the Regional Trial Court
rendered in the exercise of its appellate jurisdiction may file a verified petition for
review with the Court of Appeals . . . within fifteen (15) days from notice of the
decision sought to be reviewed or of the denial of petitioners motion for new
trial or reconsideration filed in due time after judgment. The motion for
reconsideration filed on February 26, 2000 was timely filed since the records lay
bare that it was filed on the fifteenth day from receipt, counted from February 11,
2000. Petitioner received on May 23, 2000 the Order dated May 15, 2000 which
denied his motion for reconsideration. Accordingly, at the time petitioner filed his
first motion for extension of time on May 26, 2000, the period to file the petition
for review or motion for extension to file the same has not yet expired since only
three days has elapsed.
However, the first motion for extension is fatally defective for failure to include a
prayer or relief; no period for extension was sought in the motion. Under Section
3,[25] Rule 15 of the Rules of Court, a motion shall state the relief sought to be
obtained. As a result, it is pro forma or a mere scrap of paper and of no legal effect
which the CA may ignore.
Be that as it may, it cannot escape the Courts attention that petitioner filed an
amended motion for extension on June 7, 2000 or fifteen days from May 23, 2000,
the date of receipt of the Order dated May 15, 2000. Since the amended motion for
extension was filed within the reglementary period, the CA should have acted on
the amended motion for extension and also considered it in the resolution of
petitioners motion for reconsideration. Yet, as borne out by the records, no action
was taken by the CA on the amended motion for extension. In denying the motion
for reconsideration, the CA undoubtedly acted with precipitate haste. Whether the
amended motion for extension is meritorious is not within the power of this Court
to pass upon or look into at this instance. Consequently, the case should be
remanded to the CA for proper action on the amended motion for extension.
In view of premature dismissal of this case by the CA, the Court need not
delve on the second ground raised by the petitioner.
SO ORDERED.
MA. ALICIA AUSTRIA-MARTINEZ
Associate Justice
WE CONCUR:
REYNATO S. PUNO
Associate Justice
(On Leave)
MINITA V. CHICO-NAZARIO
Associate Justice
ATTESTATION
I attest that the conclusions in the above Decision were reached in consultation
before the case was assigned to the writer of the opinion of the Courts Division.
REYNATO S. PUNO
Associate Justice
Chairman, Second Division
CERTIFICATION
Pursuant to Section 13, Article VIII of the Constitution, and the Division
Chairmans Attestation, it is hereby certified that the conclusions in the above
Decision were reached in consultation before the case was assigned to the writer of
the opinion of the Courts Division.