Accordingly, an order directing the issuance of a homestead patent in Urbana's favor was issued on December 3, 1951. [12] Nevertheless, Homestead Patent No. V-41498 was issued only on January 4, 1955, and later transmitted to the Register of Deeds (RD) of Isabela on February 7, 1955. [13] On the same date, OCT No. P-4319 was issued in Urbana's name. [14] On June 13, 1955, Fortunato sent a telegram to then President Ramon Magsaysay protesting the issuance of Homestead Patent No. V-41498, as he had allegedly been in possession of a four (4)-hectare portion of the land covered by Urbana's Homestead Patent No. V-41498 since 1936 "even before the outbreak of the last World War." [15] Fortunato sent another telegram to the Presidential Complaints and Action Committee (PCAC) on October 24, 1955 reiterating his protest. [16] Subsequently, the PCAC referred the matter to the Bureau of Lands for investigation. [17] On January 23, 1957, prior to the reception of the parties' evidence, and upon Urbana's motion, the Director of Lands dismissed Fortunato's protest, [18] there being "no prima facie showing that fraud has been committed in the issuance of the patent in favor of [Urbana]." [19] Fortunato's appeal and subsequent motion for reconsideration filed with the Secretary of Agriculture and Natural Resources were also denied on June 23, 1958 and June 20, 1959, respectively. [20] In the interim, Fortunato and Urbana passed away. Homestead Patent No. V-41498 was later transferred to Urbana's sole heir Eugenio, through TCT No. T-8058. [21] Meanwhile, Fortunato's heirs, represented by his surviving wife Maria Bartolome, filed a petition for certiorari with the Court of First Instance (CFI) assailing the adverse orders issued by the Director of Lands and Secretary of Agriculture and Natural Resources. [22] The CFI dismissed said petition on June 6, 1960. [23] The CA reversed on appeal and remanded the petition for certiorari to the CFI for reception of evidence relative to the conflicting claims between the parties. [24] On June 20, 1977, the CFI issued a Decision, this time granting the petition for certiorari and directing the reinstatement of Fortunato's protest, among others. [25] Despite the favorable Decision of the CFI, however, Fortunato's heirs did not pursue the protest. [26] Nevertheless, Fortunato's stepson, herein petitioner Nicasio, managed to secure OCT No. P-20478 sometime in 1972. RTC Complaint Thirty-four (34) years later, Nicasio filed the RTC Complaint. Therein, Nicasio alleged that respondents are "all in actual possession of [the] [n]orthern portions of the [land covered by OCT No. P-20478] with an area of more or less three (3) hectares without any legal right to possess the same and against the will of [Nicasio]", [27] and that respondents have refused to surrender possession despite repeated demands. [28] Nicasio thus prayed that judgment be rendered ordering respondents to surrender actual and physical possession of the Disputed Portio