Gegare v. CA, G.R. No. 83907, Sept. 13, 1989
Gegare v. CA, G.R. No. 83907, Sept. 13, 1989
SYLLABUS
4. ID.; ID.; ID.; CASE AT BAR. — When Board Resolution No. 272 was passed in 1981,
petitioner appealed to the Office of the President. After his appeal was denied on March
26, 1984, he did not file a petition for review in this court. Thus, the said decision
became final and it was duly implemented. We agree that when petitioner filed Civil
Case No. 3270, the trial court should have refrained from interfering with said
administrative disposition of the chief executive absent any showing of lack or excess of
jurisdiction or grave abuse of discretion.
DECISION
GANCAYCO, J.:
The familiar story in the Old Testament is of how King Solomon settled the dispute
between two women over a child by deciding that the child be cut into two for them to
share. The real mother full of love implored that the King not kill the child and give the
child to the other woman. The latter asked the King not to give it to either of them and
to go on, cut the child into two.
This case involves a small piece of land. The decision was to cut it into two between the
parties. But the parallel ends there. The petitioner wants the whole lot. Private
respondent is happy with his half. This is the impasse’ that must be resolved.
The center of controversy is Lot 5989, Ts-217 with an area of about 270 square meters
situated at Dadiangas, General Santos City. This lot was titled in the name of Paulino
Elma under Original Certificate of Title No. (P-29947) (P-11503) P-1987 issued by the
Office of the Register of Deeds of General Santos City and Miscellaneous Sales Patent
No. V-635. A reversion case was filed by the Republic of the Philippines against Paulino
Elma in the Court of First Instance of South Cotabato docketed as Civil Case No. 950,
wherein in due course a decision was rendered on January 29, 1973 declaring the title
of Paulino Elma null and void and the same was ordered cancelled. The lot was reverted
to the mass of public domain subject to disposition and giving preferential right to its
actual occupant, Napoleon Gegare.
This decision was affirmed by this Court when We dismissed the petition for review
on certiorari filed by the heirs of Elma on March 13, 1974 in G.R. No. L-38069.
Thereafter, the writ of execution was issued and the title of Elma to the property was
cancelled.cralawnad
Both petitioner and private respondent filed an application for this lot in the Board of
Liquidators (Board for short) in 1975. On June 15, 1976, Resolution No. 606, Series of
1976 was passed by the Board disposing of the lot in favor of petitioner by way of a
negotiated sale in conformity with the decision in Civil Case No. 950. Private respondent
protested against the application of petitioner and on August 8, 1978, the Board
adopted Resolution No. 611, Series of 1978 denying private respondent’s protest for
the same reason. A request for reconsideration of private respondent was referred by
the Board to Mr. Artemio Garlit, liquidator-designee, General Santos Branch, for
verification and investigation. After hearings, Mr. Garlit submitted a report to the Manila
office recommending division of the lot to the parties. Nevertheless, on March 13, 1981,
the Board denied the protest because the case had already been decided by the court.
On August 14, 1981, the Board passed Resolution No. 272, Series of 1981 approving
said recommendation by dividing the lot equally between the parties at 135.5 square
meters each to be disposed to them by negotiated sale.
Both parties appealed to the Office of the President but in a decision dated March 25,
1984, both appeals were dismissed. A motion for reconsideration filed by petitioner was
denied on May 29, 1984.
Private respondent paid for the value of 1/2 of the lot and applied for the issuance of a
patent. In Resolution No. 185, Series of 1985 adopted on October 7, 1985, the Board
gave due course to the application of private respondent and for the issuance of a
patent to 1/2 portion of the lot. Petitioner was also advised to file his application and
pay for his portion. Thus, Miscellaneous Sales Patent No. 4261 and Original Certificate
of Title No. P-5139 were issued to private Respondent. chanrobles.com.ph : virtual law library
On November 27, 1985, petitioner filed an action for "Annulment and Cancellation of
Partition of Lot 5989, Ts-217, situated at Dadiangas, General Santos City and
Annulment of Resolutions No. 272 and 185 and/or to Declare them Null and Void"
against private respondent and the Board. The suit was docketed as Civil Case No.
3270 in the Regional Trial Court of General Santos City.
On February 11, 1985, private respondent filed a motion to dismiss the complaint on
the following grounds: (1) lack of jurisdiction over the subject matter; (2) petitioner
has no capacity to sue; (3) petitioner is not a real party-in-interest; and (4) the action
is barred by prior judgment. Private respondent added another ground (5) lack of
conciliation efforts pursuant to Section 6 of Presidential Decree No. 1508. The motion
was granted in an order dated March 18, 1986.
Thus, the herein petition wherein petitioner raises the following issues —
THE RESPONDENT COURT ERRED IN DECIDING CA-G.R. SP NO. 12183 WITHOUT FIRST
SERVING SUMMONS AND A COPY OF THE PETITION TO THE PRIVATE RESPONDENT IN
THE SAID CASE (NOW PETITIONER IN THE INSTANT CASE), THUS, DEPRIVING HIM OF
HIS CONSTITUTIONAL RIGHT TO DUE PROCESS OF LAW.
THE RESPONDENT COURT ERRED IN GIVING DUE COURSE TO THE PETITION OF ARMIE
ELMA IN CA-G.R. SP NO. 12183 IN SPITE OF THE FACT THAT THE TWO (2) ORDERS
SUBJECT MATTER OF THE PETITION ARE INTERLOCUTORY IN NATURE.
THE RESPONDENT COURT ERRED IN HOLDING THAT THE TRIAL COURT HAS NO
JURISDICTION OVER CIVIL CASE NO. 3270.
THE RESPONDENT COURT ERRED IN HOLDING THAT THE TRIAL COURT SHOULD HAVE
DISMISSED CIVIL CASE NO. 3270 FOR FAILURE OF THE PLAINTIFF TO COMPLY WITH
THE PROVISIONS OF P.D. NO. 1508 BEFORE FILING HIS COMPLAINT IN COURT." 2
Under the first assigned error, petitioner alleges that he was not served summons and a
copy of the petition so that he was deprived of due process and the respondent court
did not acquire jurisdiction over his person.
Private respondent disputes this claim by showing that it was at the address of
petitioner appearing in the petition at Liwayway Disco Restaurant and Disco Pub, Ilang-
Ilang Street, General Santos City, where petitioner was served a copy of private
respondent’s "Manifestation and Motion for Early Resolution." 3 Petitioner’s counsel was
also served a copy of the resolution dated June 28, 1987, 4 "Motion for Restraining
Order" dated July 28, 1987 and Manifestation dated December 1, 1987. 5 Indeed,
petitioner’s counsel filed a motion dated April 4, 1988 seeking a reconsideration of the
decision of respondent court 6 which was denied on May 31, 1988. Obviously, petitioner
voluntarily submitted to the jurisdiction of the respondent court and was never deprived
of due process. 7
Under the second and third assigned errors, petitioner contends that the appellate court
erred in giving due course to the petition that assailed the two orders of the court a quo
which are interlocutory in character and in holding that the trial court has no
jurisdiction over Civil Case No. 3270.
It is precisely to correct the lower court when in the course of proceedings it acts
without jurisdiction or in excess thereof or if the trial court judge otherwise acted with
grave abuse of discretion that the extraordinary writ of certiorari or prohibition is
afforded to parties as a relief. Such writ is available even in respect to interlocutory
orders. 8
The appellate court correctly ruled that courts of justice will not interfere with purely
administrative matters rendered by administrative bodies or officials acting within the
scope of their power and authority. The discretionary power vested in the proper
executive official, in the absence of arbitrariness or grave abuse so as to go beyond the
statutory authority, is not subject to the contrary judgment or control of the courts and
is treated with finality. 9
When Board Resolution No. 272 was passed in 1981, petitioner appealed to the Office
of the President. After his appeal was denied on March 26, 1984, he did not file a
petition for review in this court. Thus, the said decision became final and it was duly
implemented. We agree that when petitioner filed Civil Case No. 3270, the trial court
should have refrained from interfering with said administrative disposition of the chief
executive absent any showing of lack or excess of jurisdiction or grave abuse of
discretion.
Moreover, petitioner had no capacity to file the questioned suit in the lower court. The
real party-in-interest who can seek the nullification of the land grant is the government
or the state. 10
Under the fourth and last assigned error, petitioner argues that it was erroneous for the
appellate court to hold that the case should be dismissed by the lower court for failure
to comply with a provision of Presidential Decree No. 1508 before filing the complaint.
He alleges that this rule is not applicable in said case for one of the parties therein is
the government or any subdivision or instrumentality thereof which is excepted from
this requirement under Section 2 of said law. chanrobles.com:cralaw:red
True it is that the Board is a government instrumentality but the petitioner and private
respondent who are also contending parties in the case are residents of the same
barangay so Section 6 of Presidential Decree No. 1508 should apply to them as it
provides —
The purpose of this confrontation is to enable the parties to settle their differences
amicably. If the other only contending party is the government or its instrumentality or
subdivision the case falls within the exception but when it is only one of the contending
parties, a confrontation should still be undertaken among the other parties.
SO ORDERED.