G.R. No. 139588 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE DIRECTOR OF LANDS, VS. JOSEFINA B. VDA. DE NERI, SPS. GRACIANO B. NERI, JR. AND VICTORIA BABIERA, SPS. VICTORIA NERI AND MARIO FERNANDEZ, RAMON NERI, SPS. TERESA NERI AND ALBERTO YRASTORZA AND THE REGISTER OF DEEDS OF CAGAYAN DE ORO C

Ruling

WHEREFORE, premises considered, it is most respectfully prayed that after due notice, the validity of the alleged title or claim be inquired into and after due hearing an order be issued directing the Land Registration Commission to issue the corresponding decree over the said parcel of land so that a Certificate of Title be issued in favor of the applicants under the provisions of the Land Registration Act. Prays for other relief in the premises. [5] The applicants thereafter filed an amended application in the same case on December 17, 1974. On January 27, 1975, the Court, through the Land Registration Commission, issued a notice of initial hearing addressed, among others, to the Director of the Bureau of Lands, the Solicitor General, and the Bureau of Forest Development. [6] The notice was published in the February 17 and 24, 1975 issues of the Official Gazette. Copies thereof were sent by ordinary mail to the persons named therein; the copies intended for the Director of the Bureau of Lands and the Office of the Solicitor General were sent by special messenger. [7] The Solicitor General and the Director of the Bureau of Lands failed to file any opposition thereto. On the designated time and date of the hearing, no representative from the Office of the Solicitor General and the Bureau of Lands appeared in court. The court granted the motion of the applicants for an order of general default against the whole world, except those who filed their opposition or appeared during the hearing. The court thereafter issued an order allowing the applicants to adduce evidence ex parte. On February 5, 1976, the court rendered judgment granting the application. The Office of the Solicitor General, as well as the Director of the Bureau of Lands, failed to appeal the same. Thus, the court issued Decree No. N-361749, on the basis of which OCT No. 0662 was issued by the Register of Deeds of Cagayan de Oro City on September 26, 1976. On January 5, 1981, the Office of the Solicitor General, for and in behalf of the petitioner Republic of the Philippines, through the Director of the Bureau of Lands, filed with the court a quo a complaint for annulment of OCT No. 0662 and the reversion of the property covered by the said title against herein respondents. [8] The case was docketed as Civil Case No. 7514. In its complaint, the petitioner alleged inter alia that it is the true owner of a parcel of land of the public domain surveyed as Lot No. 2821 (subject lot) containing an area of 1,055,684 square meters or 105.5684 hectares situated in Cagayan de Oro City. [9] The petitioner also alleged that the Bureau of Forest and Development had classified the subject lot as alienable and disposable; as such, it was under the direct executive control, administration and disposition of the Director of the Bureau of Lands. Despite the fact that the Solicitor General and the Director of the Bureau of Lands were not served copies of the respondents application for judicial confir