VS. HON. RUMOLDO R. FERNANDEZ, REGIONAL TRIAL COURT OF LAPU-LAPU CITY

Ruling

WHEREFORE , [there being] no abuse of discretion committed by respondent court, the instant petition is hereby DISMISSED." The Facts The subject of the present controversy is Lot No. 4673 of the Opon Cadastre situated in Lapu-Lapu City, covered by Original Certificate of Title (OCT) No. RO-2537 (May 19, 1982) and registered in the names of Florentina Rapaya, Victorino Cuizon, Isidro Cuizon, Ursula Cuizon, Benito Lozano, Isabel Lozano, Pelagia Lozano, Augusto Lozano, Valeriano Ybañez, Jesus Ybañez, Numeriano Ybañez, Martino Ybañez, Eutiquio Patalinghug, Celedonio Patalinghug, Santiago Patalinghug and Silvino Patalinghug. The lot has an area of 11,345 square meters, more or less. On May 15, 1982, Jorgea Igot-Soroño, Frisca Booc and Felix Cuizon executed an Extrajudicial Partition, in which they declared themselves as the only surviving heirs of the registered owners of the aforesaid lot. Consequently, they were issued TCT No. 12467 on July 8, 1982. Considering that the said lot was among the objects of expropriation proceedings docketed as Civil Case No 510-L and pending before it, Branch XVI of the Regional Trial Court (RTC) of Lapu-Lapu City rendered a partial Decision on August 11, 1982. In that Decision, the RTC approved the Compromise Agreement entered into between the Export Processing Zone Authority (EPZA) and the new registered owners of Lot No. 4673; namely, Jorgea Igot-Soroño, Frisca Booc and Felix Cuizon. In accordance with the approved Compromise Agreement, EPZA would pay P68,070 as just compensation for the expropriation of the subject property, which was to be used for an export processing zone to be established in Lapu-Lapu City. As a consequence of the RTC Decision, petitioner acquired title over Lot No. 4673 and the corresponding Transfer Certificate of Title (TCT) No. 12788 issued by the Register of Deeds of Lapu-Lapu City on October 13, 1982. On July 29, 1996, private respondents filed with the RTC of Lapu-Lapu City a Complaint for Nullity of Documents, Redemption and Damages against petitioner and Jorgea-Igot Soroño et al. Docketed as Civil Case No. 4534-L, the Complaint alleged that herein private respondents had been excluded from the extrajudicial settlement of the estate. It likewise sought the nullification of several documents, including TCT No. 12788 dated October 13, 1992, issued in the name of herein petitioner. On February 17, 1997, petitioner filed a Motion to Dismiss the Complaint on the ground of prescription. This Motion was denied by respondent judge in the Order dated January 12, 1998. A Motion for Reconsideration thereof was likewise denied in the Order dated March 31, 1998. On April 30, 1998, petitioner elevated the matter to the Court of Appeals through a Petition for Certiorari. As earlier noted, the CA dismissed the Petition. Hence, this recourse. [4] The CA Ruling In denying the Petition, the CA ratiocinated as follows: "Civil Case No. 4534-L although instituted in the guise of a complaint for Nullity of Do