G.R. No. 129682 - NESTOR PAGKATIPUNAN AND ROSALINA MAÑAGAS-PAGKATIPUNAN, VS. THE COURT OF APPEALS AND REPUBLIC OF THE PHILIPPINES.

Ruling

WHEREFORE, judgment is rendered in favor of petitioner and against respondents, and as prayed for: (a) The Decision dated June 15, 1967 in LRC Case No. 91-G, LRC Record No. N-19930 is hereby declared null and void, and accordingly set aside; (b) Original Certificate of Title No. O-12665, and Transfer Certificates of Title Nos. T-84439, T-93857 and T-117618 deriving therefrom, as well as any other derivative titles, are declared null and void; (c) The respondent Register of Deeds for Quezon Province is ordered to cancel said titles; and (d) The parcels of land covered thereby are ordered reverted to the State. Without pronouncement as to costs. [9] On July 16, 1986, petitioners moved for the reconsideration of the afore-cited decision [10] reiterating that the land in question was agricultural because it was possessed and cultivated as such long before its classification as timberland by the Bureau of Forestry in 1955. Petitioners and their predecessors-in-interest have been in open, continuous, exclusive, notorious possession and occupation of said land for agricultural and cattle raising purposes as far back as the Spanish regime. Following the doctrine in Oracoy v. Director of Lands , [11] private interest had intervened and petitioners acquired vested rights which can no longer be impaired by the subsequent classification of the land as timberland by the Director of Forestry. On August 20, 1986, the appellate court denied the motion for reconsideration for lack of merit. [12] On December 12, 1986, the decision of June 27, 1986 attained finality and judgment was entered in the book of entries of judgments. [13] On April 2, 1987, petitioners filed an urgent motion to set aside entry of judgment on the ground that Atty. Cirilo E. Doronila, petitioners counsel of record, was not furnished a copy of the resolution denying the motion for reconsideration. [14] In the absence of such notice, the decision of the appellate court did not become final and executory. On October 22, 1987, the Court of Appeals set aside and lifted the entry of judgment in CA-G. R. SP No. 07115 and directed the clerk of court to furnish petitioners counsel a copy of the August 20, 1986 resolution. [15] For petitioners inaction despite service of the August 20, 1986 resolution, the June 27, 1986 decision became final and executory. On March 2, 1988, entry of judgment was again made in the land registration case. On September 4, 1995, Atty. Doronila withdrew his appearance as counsel for petitioners. [16] On April 1, 1996, petitioners, through their new counsel, Atty. George I. Howard, filed with the Court of Appeals an urgent motion to recall the entry of judgment, [17] which was denied by the appellate court on December 16, 1996. [18] The motion for reconsideration was likewise denied on the ground that it raised arguments already discussed and resolved in the urgent motion to recall entry of judgment. [19] Hence, the instant petition for review. [20] Petitioners claim th