G.R. No. 173120 - SPOUSES YU HWA PING AND MARY GAW, VS. AYALA LAND, INC..[G.R. No. 173141] HEIRS OF SPOUSES ANDRES DIAZ AND JOSEFA MIA, VS. AYALA LAND, INC..RESOLUTION - Supreme Court E-Library

Ruling

Accordingly, the sole method for the Court to determine the validity of the title was to dissect the survey upon which it was sourced. As a result, it was discovered that the registered titles therein contained areas which belong to the sea and foreshore lands. In this case, the TCTs of petitioners originated from Original Transfer Certificate (OCT) No. 8510, which was based on survey plan Psu-25909 dated March 17, 1921. On the other hand, the TCTs of ALI originated from OCT No. 242, 244 and 1609, which were based on survey plans Psu-47035 dated October 21, 1925, Psu-80886 dated July 28, 1930, and Psu-80886/SWO-20609 dated March 6, 1931. As will be thoroughly discussed later, survey plans Psu-47035, Psu-80886, Psu-80886/SWO-20609 contain numerous and glaring irregularities. Consequently, as the surveys were marred with blatant anomalies, the technical descriptions contained in OCT No. 242, 244 and 1609 are also void and erroneous. Verily, these technical descriptions in the said certificate of titles do not refer to a valid and exact portion of the lands. In fact, as noted by the trial court, the lands therein were described to be located in different places. Further, the land surveyed in Psu-47035, Psu-80886, Psu-80886/SWO-20609 patently overlaps with the land surveyed in Psu-25909, even though the latter was issued in an earlier date. Once a land has been surveyed, it is highly irregular to conduct a second survey to overlap with the same parcel of land. Indeed, when the survey of the land is null and void, the technical description of the land is also null and void. As a result, the validity of OCT No. 242, 244 and 1609 cannot be upheld. There were numerous irregularities in the survey of the land As threshed out in the decision of the Court, the surveys in OCT No. 242, 244 and 1609 contain numerous irregularities that strikes out the validity of these titles. The said irregularities are as follows: First , Psu-25909 was conducted by a certain A.N. Feliciano in favor of Andres Diaz and was approved on May 26, 1921. Curiously, the subsequent surveys of Psu-47035 for a certain Dominador Mayuga, Psu-80886 for a certain Guico and Psu-80886/SWO-20609 for a certain Yaptinchay, were also conducted by A.N. Feliciano. It is dubious how the same surveyor or agrimensor conducted Psu-47035, Psu-80886 and Psu-80886/SWO-20609 even though an earlier survey on Psu-25909, which the surveyor should obviously be aware, was already conducted on the same parcel of land. Engr. Pada, witness of the Spouses Yu, also observed this irregularity and stated that this practice is not the standard norm in conducting surveys. Second , even though a single entity conducted the surveys, the lands therein were described to be located in different places. Psu-25909, the earliest dated survey, indicated its location at Sitio Kay Monica, Barrio Pugad Lawin, Las Piñas, Rizal, while Psu-47035 and Psu-80886 stated their locations at Sitio May Kokek, Barrio Almanza, Las Piñas, Rizal,