G.R. No. 126316 - REPUBLIC OF THE PHILIPPINES, VS. COURT OF APPEALS, HON. JOSE D. AZARRAGA AND ANGEL T. YU.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, ratifying the Order of general default previously entered in this case, and after considering the evidence adduced and finding that petitioner Angel T. Yu had sufficient title proper for the registration in his name of the land subject of the application, JUDGMENT is hereby rendered confirming the title of the applicant/petitioner ANGEL T. YU, Filipino, of legal age, married and a resident of Estancia, Iloilo, over a parcel of land (Lot 524, Cad. 633-D, Estancia Cadastre, AP-063019-005139) situated in the Poblacion Zone 1, Municipality of Estancia, Province of Iloilo, Island of Panay, identified in the Plan, Exhibit E and technically described in Exhibit F. As soon as this Decision becomes final, let an order for the issuance of the permanent decree and the corresponding certificate of title be issued in accordance with law. [9] No motion for reconsideration was filed by the City Prosecutor on behalf of the Solicitor General. Hence, the said decision became final and executory on June 14, 1995, and entry of judgment was duly made on July 7, 1995. An order was consequently issued by the RTC directing the issuance of the corresponding decree of registration and certificate of title to respondent Angel T. Yu. [10] On May 29, 1995, [11] the OSG received a copy of the supplementary report and findings of Land Management Officer Myra B. Rosal dated April 12, 1995 (Rosal Report), which was submitted to the trial court in compliance with the courts Order dated March 6, 1995. The report was worded, thus: The Honorable Judge JOSE AZARRAGA Regional Trial Court Sixth Judicial Region Branch 37, Iloilo City April 12, 1995 SUBJECT: LAND REGISTRATION CASE NO. N-1000 LOT NO. 524, CAD, CAD-633-D, ESTANCIA CADASTRE ANGEL TILOS YU APPLICANT ___________________________________ In compliance with the Order of March 6, 1995, received by this Office on March 15, 1995, attached for your ready reference is the amended report in three (3) pages of Land Management Officer III Fabio O. Catalan, Jr., of this Office, which was sent to Office of the Regional Technical Director, Land Management Bureau, DENR Masonic Temple, Iloilo City, in a cover memorandum dated September 24, 1994, duly endorsed by the CENR Officer of CENRO, Sara, Iloilo, Edgardo J. Himatay. This supplementary report of the undersigned is prepared with the request that the additional findings be made on record when the undersigned repaired on the premises of the land on April 7, 1995, in the morning to conduct an ocular inspection. The following facts were ascertained and found; [That] the Cadastral lot in question and subject of a Land Registration Case at bar, is Lot 524, Cad 633-D, Estancia Cadastre, containing an area of 1,194 square meters, approved on October 21, 1980, located at Zone 1, Poblacion Estancia, Iloilo. Again, Engr. Rogelio Santome, adopting the cadastral survey of the then Bureau of Lands, prepared an Advance Plan and subsequently approved as Ap-063019-005139 on May 25, 1994