Chacon Enterprises v. The Court of Appeals (Now Intermediate Apellate Court), Florentino Galasino, Francisco Gallardo, Porferio Cabacungan, Bernardino Bajulo, et. al.

Ruling

WHEREFORE, the petition is hereby GRANTED . The decision of the Regional Trial Court dated June 27, 2003 is hereby REVERSED . The derivative titles of TCT No. T-48097, namely, TCT Nos. T-48695, T-48559, T-48562, T-48563, T-48571, T-48694, T-48380, T-49381, T-49934, T-49935, T-50160, T-50161, T-50442 and T-68769 are hereby ordered CANCELLED . TCT No. T-24488 is hereby declared VALID . SO ORDERED . Velasco, Jr., Nachura, Peralta, and Mendoza, JJ. , concur. [1] Chacon Enterprises was granted a free patent to a stretch of public land located in Lapasan, Cagayan de Oro City. The area was 191,011 sq. m. This property was designated as Lot 18026 and issued Original Certificate of Title (OCT) No. P-47. However, Chacon Enterprises mistakenly included Lot 18026-A which was actually the property of respondent Santiago Ebora. Chacon Enterprises filed a complaint for recovery of possession of Lot 18026-A while the Ebora heirs filed their own complaint for reconveyance of the same parcel of land against Chacon, docketed as Civil Case No. 3171 and Civil Case No. 3218, respectively. The cases were consolidated and tried jointly. The RTC ruled in favor of Chacon Enterprises but the CA reversed the RTC decision and ruled in favor of the Ebora heirs. The cases were finally resolved in favor of the Ebora heirs when G.R. Nos. L-46418-19 was decided by the Supreme Court on September 29, 1983. Rollo, p. 7. [2] Deed of Absolute Sale, Annex "E." Id., pp. 77-79. [3] Deed of Assignment, Annex "F." Id., pp. 80-81. [4] Dated January 31, 1983, Annex "H." Id., pp. 84-86. [5] Annex "O." Id., pp. 119-123. [6] Dated November 23, 1987. Id., p. 121. [7] Under Entry No. 126546. [8] Under Entry Nos. 126548 to 12655. The following were the transfer certificates of title issued in the name of Alejandro Ebora: a) T-48445 - for 4,500 sqm of Lot 1 (formerly part of Lot 18026-A of OCT No. 47) b) T-48446 - for 1,927 sqm of Lot 1 (formerly part of Lot 18026-A of OCT No. 47) c) T-48447 - for 1,924 sqm of Lot 1 (formerly part of Lot 18026-A of OCT No. 47) d) T-48448 - for 1,924 sqm of Lot 1 (formerly part of Lot 18026-A of OCT No. 47) e) T-48449 - for 1,391 sqm of Lot 1 (formerly part of Lot 18026-A of OCT No. 47) f) T-48450 - for 12,356 sqm of Lot 1 (formerly part of Lot 18026-A of OCT No. 47) g) T-48451 - for 4,756 sqm of Lot 1 (formerly part of Lot 18026-A of OCT No. 47) h) T-48452 - for 12,373 sqm of Lot 1 (formerly part of Lot 18026-A of OCT No. 47) [9] The new TCTs issued to respondents were: a) T-48559 - to respondent Eleazar Ed. Espino, on January 15, 1988 (for 700 sq. m., transfer from T-48445) b) T-48562 - to respondent Samuel Sonnie Lim, on January 19, 1988 (for 3,500 sq. m., transfer from T-48445) c) T-48563 - to respondent Samuel Sonnie Lim, on January 19, 1988 (for 300 sq. m., transfer from T-48445) d) T-48571 - to respondent D'Oro Land Realty & Development Corporation, on January 25, 1988 (for 700 sq. m., transfer from T-48559) e) T-49380 - to respondent National Housing Authori