ALEJANDRO ABEJARON, VS. FELIX NABASA AND THE COURT OF

Ruling

WHEREFORE, IN VIEW OF ALL THE FOREGOING, this court hereby renders judgment as follows: 1. Declaring the possession and occupancy of Pacencio Abejaron over 118 square meters of Lot No. 1, Block 5, Psu-154953 in good faith and thereby declaring the inclusion of 118 square meters of said lot in OCT No. P-4140 erroneous and a mistake, and for which, defendant Felix Nabasa is hereby ordered to reconvey and execute a registerable document in favor of plaintiff Pacencio Abejaron, Filipino, married and a resident of Silway, General Santos City, his heirs, successors and assigns over an area of one hundred eighteen (118) square meters of Lot No. 1, Block 5, Psu-154953, situated at Silway, General Santos City, on the Western portion of said lot as shown in the sketch plan, Exhibit "R", and the remaining portion of 57 square meters of said lot to be retained by defendant Felix Nabasa; 2) Should Felix Nabasa fails (sic) to do so, upon the finality of this judgment, the Clerk of Court shall executed (sic) it in the name of Felix Nabasa, widower, and will have the same effect as if executed by the latter and the Register of Deeds, General Santos City, is hereby directed to issue New Transfer Certificate of Title to Alejandro Abejaron over 118 square meters of Lot No. 1, Block 5, Psu-154953, and New Transfer Certificate of Title over 57 square meters of same Lot No. 1, Block 5, Psu-154953, in favor of Felix Nabasa, and ultimately to have OCT No. P-4140 of Felix Nabasa cancelled accordingly." Respondent Nabasa's motion for reconsideration having been denied, he appealed to the Court of Appeals. On April 26, 1988, the Court of Appeals rendered a decision in favor of respondent Nabasa, viz : ". . . the only basis for reconveyance is actual fraud. In this case, Abejaron failed to substantiate the existence of actual fraud. . . There was no proof of irregularity in the issuance of title nor in the proceedings incident thereto nor was there a claim that fraud intervened in the issuance of the title, thus, the title has become indefeasible (Frias v. Esquival, 67 SCRA 487). Abejaron was not able to establish his allegation that Nabasa misrepresented his status of possession in his application for the title. . . In fact, in Abejaron's answer to Nabasa's counterclaim, he said that Nabasa has been occupying the area since 1950. Contrary to the finding of the court a quo, the Bureau of Lands conducted an ocular inspection before the title was issued. This was confirmed by Abejaron himself (tsn, January 19, 1984). xxx WHEREFORE, premises considered, the decision appealed from is hereby REVERSED and SET ASIDE and a new one entered declaring Felix Nabasa as the owner of the lot covered by O.C.T. No. P-4140. Costs against plaintif-appellee. SO ORDERED.