G.R. NO. 154988 - FELISA M. JARAVATA, VS. MA. DIANA KAROLUS AND GRACE V. KUHAIL.DECISION - Supreme Court E-Library

Ruling

Accordingly, the four-year prescriptive period from the discovery of fraud had already prescribed. On the declaration of nullity of the torrens titles, respondents averred that petitioner had no cause of action because the matter may only be raised by the government. As compulsory counterclaims, respondents alleged that sometime in August 1995, petitioner, through stealth and strategy, forcibly entered the areas covered by the torrens titles of respondents, ousting the latter from their lawful possession and despite demands, refused to vacate the said area. On November 11, 1996, respondents filed a third-party complaint against Rudegelio D. Tacorda, petitioner's counsel. On December 3, 1996, petitioner served upon the respondents and their counsel two separate and different sets of written interrogatories. Respondents filed their objection to the written interrogatories. On December 18, 1996, Tacorda likewise served upon respondents and their counsel separate and different sets of written interrogatories. In an Order dated February 19, 1997, the RTC denied the objections interposed by the respondents and allowed petitioner's written interrogatories. On March 2, 1997, respondents filed a manifestation and compliance dated March 2, 1997 attaching their answers thereto to the written interrogatories. On April 24, 1997, petitioner and Tacorda filed a joint omnibus motion [11] primarily to compel the respondents to fully and completely answer their written interrogatories. In an Order [12] dated December 8, 1997, the RTC declared respondents in default in accordance with Rule 29, Section 3 (c) of the Revised Rules of Court for their failure to fully answer the written interrogatories in the principal action, and for their refusal to answer the written interrogatories in the third-party complaint. On December 18, 1997, the RTC rendered judgment in favor of the petitioner. The dispositive portion of the decision reads: On the basis of the herein facts taken to have been established and proved in evidence and upon mandate of Section 3 (c) and Section 5 of Rule 29 of the Rules of Court, this Court hereby renders judgment by default in favor of plaintiff Felisa Jaravata and third-party defendant Rudegelio Tagorda and against defendants Maria Diana Karolus and Grace Kuhail as follows: 1) Declaring plaintiff Felisa M. Jaravata the lawful and true owner of the parcels of land known as Lot Nos. 1 and 2 of the Consolidation [and] Subdivision Plan CCs-037114-000385 which are the parcels of land covered by OCT No. P-9447, now TCT No. T-49032, and OCT No. P-9448 of the Register of Deeds of Zambales registered in their names, respectively, of defendants Maria Diana Karolus and Grace Kuhail; 2) Declaring as null and void said OCT No. P-9447 issued to Maria Diana Karolus as well as TCT No. T-49032 derived therefrom in the name of Imelda Villareal and other derivative titles thereof; declaring as null and void OCT No. P-9448 issued to Grace Kuhail and any derivative t