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10 Vergel VS Ca
10 Vergel VS Ca
125154
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FIRST DIVISION
PARDO, J.:
The Case
The case is an appeal via certiorari from the decision of the Court of Appeals1 setting aside the orders2 of the trial
court that denied petitioners’ motion to set aside the order of general default3 in an application for registration of a
parcel of land, consisting of one thousand, one hundred seventy six (1,176), situated in barrio Batong Malake,
municipality of Los Baños, province of Laguna.4
The Facts
"On May 26, 1994, Digna Vergel, Eduardo Salvacruz, Beatriz Mañacop, Felicisima Flores, Generoso and
Blandino Salvacruz, Milagros Evangelista and the heirs of Corazon Santiago, namely: Leocadio, Jr. and
Concepcion Santiago (petitioners herein) filed with the Regional Trial Court, Calamba, Laguna an application
for registration of a parcel of land (for titling purposes).
"On July 20, 1994, the Republic of the Philippines represented by the Director of Lands filed an opposition to
the application for registration.
"On December 15, 1994, the trial court issued "an order of general default against the whole world with the
exception of Republic of the Philippines x x x."
"On October 3, 1995, respondent Dorotea Tamisin Gonzales filed with the trial court an "Urgent Motion to Set
Aside the Order of General Default" alleging, inter alia, in her affidavit that she "is claiming the land in
question subject of this petition as an owner x x x" which motion was opposed by the petitioners herein.
"On October 12, 1995, respondent filed with the trial court a reply to the opposition interposed by the
petitioners and, at the same time, filed an "Urgent Motion" praying for the suspension of the proceedings.
"On October 18, 1995, the trial court issued the first assailed order, the dispositive portion of which is quoted,
as follows:
‘WHEREFORE, the motion to set aside the Order of default as well as the motion to suspend the
proceedings filed by the movant through counsel is hereby denied for lack of merit.’
"On October 20, 1995, petitioners filed with the trial court a "Motion to Strike Out Urgent Motion to Suspend
Proceeding."
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"On November 21, 1995, respondent filed with the trial court a "motion for reconsideration" of the order
denying the motion to set aside the order of general default, which motion petitioners opposed.
"On November 28, 1995, the trial court issued its second questioned order, the dispositive portion of which
reads as follows:
‘WHEREFORE, in view of the foregoing, the motion for reconsideration, dated November 16, 1995, is
hereby denied for lack of merit.’
"On December 13, 1995, respondent filed with the Court of Appeals6 a petition for certiorari alleging that the
trial court judge "acted capriciously and without or in excess of his jurisdiction and gravely abused the
exercise of his discretion" in issuing the two aforementioned orders."7
On April 02, 1996, the Court of Appeals promulgated a decision annulling the trial court’s orders dated October 18,
1995 and November 28, 1995, and consequently, setting aside the trial court’s order of general default dated
December 15, 1994, in Land Registration Case No. 88-94-C with respect to respondent.8
The Issue
The issue presented is whether the Court of Appeals erred in setting aside the trial court’s order of general default in
the land registration case involved without making a specific finding of fraud, negligence, accident or excusable
mistake but relying on its view that substantial justice and speedy determination of the controversy would be better
attained in lifting the order of general default, to enable a claimant to oppose and to establish a case of ownership in
herself.
We grant the petition. The Court of Appeals arbitrarily set aside the trial court’s order of general default without
factual basis save for its own gut feeling, ipse dixit.10 Respondent’s failure to file timely opposition to the application
for land registration because she missed reading the publication of the notice in the Official Gazette11 or in the
newspaper "Malaya" issue of August 8, 1994,12 in itself may not be considered excusable negligence.
In respondent’s motion to set aside order of general default, she alleged that petitioners were aware of her claim of
ownership over the subject property, but did not give her personal notice of the filing of the application. She learned
about the application by accident. In the petition for certiorari she filed with the Court of Appeals, respondent alleged
that petitioners filed the application in bad faith, surreptitiously and without notice to her.13 The Court of Appeals did
not make a finding on this.
Hence, we find that the appellate court erred in setting aside the order of general default in the Land Registration
Case No. 88-94-C, without making a specific finding of fraud, accident or excusable neglect that prevented
respondent from timely opposing the application.
We are not a trier of facts. Consequently, we have to remand the case to the Court of Appeals for it to make findings
of fact constituting fraud, accident or excusable neglect sufficient for the court to lift the order of general default in
the land registration case involved.
The Fallo
WHEREFORE, the Court SETS ASIDE the decision of the Court of Appeals in CA-G. R. SP No. 39239.
Let the case be remanded to the Court of Appeals for further proceedings with instructions to determine whether
there exists facts warranting the lifting of the order of general default in LRC Case No. 88-94-C of the trial court.
No costs.
SO ORDERED.
Footnotes
1 In CA-G. R. SP No. 39239, promulgated on April 2, 1998, Mabutas, Jr., J., ponente, Gonzaga-Reyes and
Valdez, Jr., JJ., concurring. Petition, Annex "F", Rollo, pp. 135-138.
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2 Petition, Annexes "G" and "I", CA Rollo, pp. 52, 57.
4 Petition, Rollo, pp. 8-30. See Application for land registration, RTC Record, pp. 1-12.
7 Court of Appeals Decision, Petition, Annex "F", Rollo, pp. 135-138, at pp. 136-137.
8 Ibid.
9 Filed on June 27, 1996, Petition, Rollo, pp. 8-30. On October 19, 1998, we gave due course to the petition
(Rollo, pp. 191-192).
10 George Yao v. Court of Appeals, G.R. No. 132428, October 24, 2000.
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