G.R. NO. 162733 - ERASMO TAYAO, VS. ROSA D. MENDOZA AND THE DIRECTOR OF LANDS.D E C I S I O N - Supreme Court E-Library

Ruling

Wherefore, defendant prays that after hearing, judgment be rendered in his favor: a) dismissing the complaint filed therein; b) ordering third-party defendant Director of Lands to cancel OCT No. RP-4176 (T-10871) in the name of plaintiff for having been issued fraudulently and contrary to the statutory policy of free patent, or directing plaintiff to execute the necessary deed reconveying the contested lot to and in favor of defendant and his co-heirs; and if still any of such reliefs is not legally possible, ordering plaintiff to pay the heirs of Daniel Tayao for the value of the said contested lot computed at P6,000.00 per square meter or a total of P330,000.00; c) ordering plaintiff to pay defendant the sums of P10,000.00 plus P1,000.00 per appearance in court as attorney's fees; another P10,000.00 by way of litigation expenses; P50,000.00 for moral damages; and the costs of this suit; and d) granting such other reliefs as are just and equitable in the premises. [4] Public respondent Director of Lands filed a motion to dismiss the third-party complaint on the following grounds: DEFENDANT - THIRD-PARTY PLAINTIFF FAILED TO EXHAUST ADMINISTRATIVE REMEDIES. DEFENDANT - THIRD-PARTY PLAINTIFF [HAS] NO AUTHORITY TO FILE THE INSTANT SUIT AS ACTION FOR CANCELLATION/REVERSION OF PATENTS ISSUED OVER PUBLIC LANDS MAY BE INSTITUTED ONLY BY THE OFFICE OF THE SOLICITOR GENERAL. [5] However, the trial court failed to resolve the motion to dismiss. On April 30, 2001, the trial court rendered judgment in favor of Mendoza. The fallo of the decision reads: WHEREFORE, judgment is hereby rendered in favor of plaintiff and against the defendant, ordering the latter and all persons claiming rights under him: 1) To vacate the subject 55-square-meter portion of the lot owned by the heirs of Magdalena C. Dionisio located at Longos, Pulilan, Bulacan, covered by OCT No. RP-4176 (T-10871) and surrender peaceful possession thereof to the plaintiff; 2) To pay the plaintiff the amount of P1,000.00 a month from September 1997 until he vacates the said property; 3) To pay plaintiff the amount of P20,000.00 as and by way of attorney's fees; 4) To pay the cost of suit. SO ORDERED.