G.R. No. 178842 - RENE H. IMPERIAL AND NIDSLAND RESOURCES AND DEVELOPMENT CORPORATION, VS. HON. EDGAR L. ARMES, PRESIDING JUDGE OF BRANCH 4, REGIONAL TRIAL COURT, 5TH JUDICIAL REGION, LEGAZPI CITY AND ALFONSO B. CRUZ, JR..

Ruling

WHEREFORE, it is respectfully prayed that after hearing, judgment be rendered as follows: a) Declaring the Decision dated 10 November 1998 of respondent Gonzales to be null and void insofar as it affects the property rights of petitioner to the Subject Property b) Declaring the Deed of Conveyance dated January 13, 1999 as null and void for having been issued pursuant to an invalid and void judgment c) Declaring the cancellation of the TCT No. 43936 of petitioner, as well as the issuance of TCT No. 49730 (and its derivatives TCT Nos. 50398, 50399, 50400 and 50401) of respondent Nidsland, by respondent Register of Deeds of Legazpi City, to be invalid and illegal. d) Directing the respondent Register of Deeds of Legazpi City to duly cancel the TCT Nos. 50398, 50399, 50400 and 50401, and restore the status of TCT No. 43936 of plaintiff prior to its cancellation, or otherwise reconvey and/or issue a new title to the Subject Property in the name of plaintiff, e) Ordering respondents to solidarily pay to petitioner the amount of P500,000.00, as and for moral damages. f) Ordering respondents to solidarily pay attorney's fees in the amount of P100,000.00, appearance fees and costs of suit. [29] Presiding Judge Gregorio A. Consulta, without issuing summons, dismissed the Petition motu proprio . [30] He justified his dismissal on the ground that regional trial courts have no jurisdiction over the SEC and as such, an action assailing the decision of the SEC should be brought before the CA. As his motion for reconsideration of the decision was denied, [31] Cruz elevated the case to the CA by way of a special civil action for certiorari . This was docketed as CA G.R. SP No. 65720. [32] In a Decision [33] dated October 28, 2002, the CA held that RTC Legazpi City acted with grave abuse of discretion in dismissing the Petition, and therefore ordered that the case be remanded to RTC Legazpi City to be given due course. [34] In accordance with the Decision of the CA, the RTC Petition was re­docketed as Civil Case No. 10325 and was reraftled to Branch 3 of the RTC Legazpi City. [35] However, even before summons could be issued, Presiding Judge Henry B. Basilia issued an Order [36] dated April 15, 2004 dismissing the Petition. The Order stated that the RTC Petition failed to comply with the reglementary period and other procedural requirements under Rule 65 for the proper filing of a special civil action for certiorari . However, upon Cruz's motion for reconsideration, Judge Basilia reversed his ruling in an Order [37] dated May 7, 2004. Thus, RTC Legazpi City summoned Imperial and NIDSLAND on July 1, 2004. [38] On July 30, 2004, Imperial and NIDSLAND filed a motion to dismiss [39] which was denied by Judge Basilla. [40] Imperial and NIDSLAND then failed to file their answer and were declared in default. [41] Thus, Cruz was allowed to present evidence ex-parte . Judge Basilia eventually set aside the order of default upon motion of Imperial and NIDSLAND. [42] Judge B