G.R. No. 143185 - NESTOR MENDIZABEL, ELIZABETH MENDIZABEL, IGNACIO MENDIZABEL, AND ADELINA VILLAMOR, VS. FERNANDO APAO AND TEOPISTA PARIDELA-APAO.

Ruling

Wherefore, the decision of the Director of Lands dated May 11, 1962, should be, as hereby it is set aside. The free patent application No. 18-1481 of Fernando Apao shall be given due course for Lot No. 407 and Homestead Application No. 18-8905 of Ignacio Mendizabel for Lot No. 1080. [14] Dissatisfied with the decision of the Secretary of Agriculture and Natural Resources, Fernando appealed to the Office of the President. [15] Fernando did not receive any notice of the decision on his appeal. Barely 10 days after he filed his appeal, Fernando found out from the Office of the Register of Deeds of Pagadian City that Lot No. 1080 had been partitioned between Ignacio and his son Nestor Mendizabel (Nestor). Fernando learned that Lot No. 1080 was already titled separately as Lot No. 1080-A covered by Original Certificate of Title No. P-29,822 in the name of Nestor, and Lot No. 1080-B covered by Original Certificate of Title No. P-29,823 in the name of Ignacio. The Register of Deeds issued the certificates of title on 14 December 1982. [16] Fernando talked to Nestor and Ignacio, pleading with them to reconvey the property to him. Nestor and Ignacio rejected Fernandos request. On 6 August 1987, Fernando and his wife Teopista Paridela-Apao [17] (respondents) filed before the trial court a complaint [18] for Annulment of Titles, Reconveyance and Damages against spouses Nestor and Elizabeth Mendizabel and spouses Ignacio Mendizabel and Adelina Villamor (petitioners). Respondents alleged in their complaint that they were the true and actual possessors of a parcel of agricultural land more particularly described as follows: Certain parcel of land actually devoted to corn and rice cultivation, root crops, bananas and about one hundred (100) punos of coconut fruit bearing trees and with four (4) residential houses occupied by produce-sharing tenants and with all other existing improvements thereon, located at Kilometer 4, Barangay Mabini, Malangas, Zamboanga del Sur. Bounded on the NORTH by the lot of Ricardo Conwi; on the SOUTH by the lot of the herein plaintiffs; on the EAST by the National Highway; and on the WEST by the lot of Leonardo Aban, containing an area of sixty-one thousand six hundred-sixteen (61,616) sq.m., more or less. [19] Respondents also alleged that petitioners secured the titles to the property fraudulently. Respondents asserted that x x x Assuming, arguendo, that the issuance thereof, could have been based and predicated upon the resolution of the aforesaid land conflict by and between herein plaintiffs and defendant, Nestor Mendizabel, which has been raised on appeal to the Office of [the] President, nonetheless, such administrative decision/order and/or resolution, if any there be, did not since then ripen into or attain its finality and enforceability, for the basic and fundamental reason that plaintiffs who, are directly affected thereby, has [sic] not been furnished with a copy thereof. [20] In their answer, [21] petitione