G.R. No. 157367 - LUCIANO P. PAZ, VS. REPUBLIC OF THE PHILIPPINES, ACTING THROUGH THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, PUBLIC ESTATES AUTHORITY, FILINVEST DEVELOPMENT CORPORATION, AND FILINVEST ALABANG, INC..D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, it is most respectfully prayed that OCT No. 684 in the name of the Republic of the Philippine Islands and TCT No. 185552 in the name of the Republic of the Philippines, Book 26, Page 152, Register of Deeds, Muntinlupa City, and all subsequent titles derived from said TCT No. 185552 as stated in paragraphs 23, 24, 25 and 28 above-quoted, Proclamation No. 1240 dated June 23, 1998, Resolution No. 01-311 of the City of Muntinlupa dated February 7, 2001 be cancelled and in lieu thereof, and said Register of Deeds be ordered to issue a new certificate of title in the name of Luciano P. Paz, married to Elvira Joson, both of legal ages, Filipinos and residents of Lot 5, Block 31, Modesta Village, San Mateo, Rizal, free from all liens and encumbrances, and defendants be ordered to vacate the property covered by said title; ordering respondents jointly and severally to pay petitioner compensatory damages in the amount of not less than P10 Million, moral damages in the amount of P1 Million, exemplary damages in the amount of P1 Million and P2 Million for attorneys fees. Petitioner prays for other reliefs just and equitable to the premises. xxxx On January 19, 2001, FDC and FAI moved to dismiss the petition for cancellation on the following grounds, [4] to wit: (1) The serious and controversial dispute spawned by the Petition for cancellation of title is litigable in an ordinary action outside the special and limited jurisdiction of land registration courts. The Petition is thus removed from the ambit of Sec. 108 of the Property Registration Decree which requires, as an indispensable element for availment of the relief thereunder, either unanimity of the parties or absence of serious controversy or adverse claim. It authorizes only amendment and alteration of certificates of title, not cancellation thereof; (2) Lack of jurisdiction of the Court over the persons of the respondents who were not validly served with summons but only a copy of the Petition; (3) Docket fees for the Petition have not been paid. (4) The Petition does not contain the requisite certificate of non-forum shopping. The petitioner countered that his petition for cancellation was not an initiatory pleading that must comply with the regular rules of civil procedure but a mere incident of a past registration proceeding; that unlike in an ordinary action, land registration was not commenced by complaint or petition, and did not require summons to bring the persons of the respondents within the jurisdiction of the trial court; and that a service of the petition sufficed to bring the respondents within the jurisdiction of the trial court. On May 21, 2001, the RTC granted FDC and FAIs motion to dismiss, [5] viz : xxxx The petition at bench therefore bears all the elements of an action for recovery: (A) it was commenced long after the decree of registration in favor of the Respondent Republic of the Philippines had become final and incontrovertible, following the expiration of the re