G.R. NO. 158002 - SPOUSES AURORA N. DE PEDRO AND ELPIDIO DE PEDRO, VS. ROMASAN DEVELOPMENT CORPORATION AND MANUEL KO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, this Commission finds that OCT No. P-691 of the plaintiff overlaps TCT No. 236044 of parcel H-162341 of the defendant but finds on the contrary that this land is not the actual area that is being claimed and occupied by the plaintiff but another parcel instead, namely H-164008. The overlapping of titles was brought about by the double issuance of title for H-162341 but the technical descriptions of OCT No. P-691 describing a land different from the actual occupation of the plaintiff was a result of the defective survey. [6] The survey team made the following findings: (1) TCT No. 236044 originated from OCT No. 438 in the name of Marcelino Santos, which was based on a Homestead Patent. The said OCT was, in turn, based on Plan H-162341 surveyed on March 8, 1935 and approved on June 30, 1937; (2) under the Cadastral Map Sheet of the Lungsod Silangan Cadastre or CM 14-38 N., 121-12 E on file with the Records Division of the DENR, Region IV, H-162341, the land covered by the said OCT was reflected as Lot 10455; (3) OCT No. P-691, under the name of petitioner Aurora de Pedro, was based on Plan Cad. 04-0097-63-D which was a subdivision survey of Lot 10455 of the Lungsod Silangan Cadastre; (4) Lot 10455 was subdivided into Lots 10455-A to 10455-G; (5) Lot 10455-G was the subject of the petitioners application for a Free Patent; and (6) the land occupied by petitioner Aurora de Pedro is actually a portion of Lot 10454/H-164008 originally registered on July 2, 1965 under OCT No. 468 based on Homestead Patent No. 99480 under the name of Isidro Benitez. [7] The survey team further declared that: The nature of this case, however, is one of overlapping titles even if the erroneous technical descriptions rectified because even while it may not fall inside the titled H-162341, the lot of Mrs. de Pedro, et al. given the correct description of the boundary, falls inside another titled parcel under H-164008. Both H-162341 and H-164008 are presently registered in the name of Romasan Development Corporation, the defendant. The granting of Free Patent to Mrs. de Pedro, et al. over a previously titled property is unwarranted or can be unwittingly an act resulting in double titling by the CENRO, DENR in Antipolo City. [8] Based on the report, the respondents filed a Manifestation/Motion to Dismiss, averring that there was no legal or factual basis for the complaint as shown by the findings of the survey team; hence, the petitioners had no cause of action against them. [9] The petitioners did not file any opposition to the motion. Thus, on December 22, 1999, the trial court issued an Order granting the motion and ordering the dismissal of the complaint on the ground that the petitioners had no cause of action. [10] The petitioners filed a motion for reconsideration of the order, contending that (1) the findings and conclusions of the survey team were unreliable; (2) the chairman of the team was facing criminal and administrative charges in connection with the