G.R. No. 187400 - FELICISIMO FERNANDEZ, SPOUSES DANILO AND GENEROSA VITUG- LIGON, VS. SPOUSES ISAAC AND CONCEPCION RONULO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the Protest of appellees, Sps. Isaac and Concepcion Ronulo is hereby DISMISSED AND DROPPED from the records of the case for lack of merit. Consequently, the Order dated October 9, 1995 of DENR Region IV Regional Executive Director is hereby ordered REVERSED and the Transfer Certificate of Title (TCT) No. TP-1792 in the name of Spouses Danilo and Generosa Vitug Ligon is hereby ordered and shall remain UNDISTURBED for having attained the category of a private property. The ruling was anchored on the findings that (1) the Protest of respondents was filed out of time; [41] and (2) the Order of Director Principe was a collateral attack against the title of the spouses Ligon. [42] Quoting the Court in Legarda v. Saleeby, [43] the DENR Secretary said that "[a] title may be attacked only on the ground of actual fraud within one (1) year from the date of its entry" and that "[s]uch attack must be direct and not by a collateral proceeding." [44] On 18 June 1999, respondents moved for the reconsideration [45] of the Decision, but the DENR Secretary denied their motion in an Order [46] dated 21 December 1999. On 16 January 2000, respondents filed a second Motion for Reconsideration, [47] in which they presented the Resolution [48] of the Court in Spouses Ligon [49] (G.R. No. 139856), which involved the ejectment case. Respondents claimed that the Court's denial of the Petition in that case in effect sustained the findings of the MTC, the RTC, and the CA that petitioner Fernandez had never been in actual occupation and possession of the subject property, consistent with the findings of Director Principe. [50] Complaint for Quieting of Title, Recovery of Possession, and Damages On 21 February 2000, the spouses Ligon filed a separate Complaint for quieting of title, recovery of possession, and damages with prayer for a Temporary Restraining Order (TRO) and Preliminary Injunction against Lim before the RTC, Nasugbu, Batangas, Branch 14, over the entire 9,478-square-meter property. [51] In its Decision [52] dated 3 February 2004, the trial court declared the spouses Ligon as the owners of the property and ordered that it be returned to their possession. Lim appealed to the CA, which affirmed the judgment of the RTC with modifications as to the monetary awards. [53] The case reached the Supreme Court as Lim v. Spouses Ligon [54] and docketed as G.R. No. 183589. Denial of the Second Motion for Reconsideration Before the DENR Secretary On 29 August 2000, the DENR Secretary issued an Order [55] denying respondents' second Motion for Reconsideration. The Order underscored the point that the motion did not toll the time to appeal, since it was a prohibited pleading. [56] Respondents received the Order on 05 September 2000. [57] Appeal to the OP and its Ruling On 28 September 2000, the counsel of petitioners received the Appeal Memorandum filed by respondents with the OP where the appeal was docketed as O.P. Case No. 00-1-9241. [58] On 10 October 2000, petiti