G.R. No. 225426 -

Ruling

Accordingly, respondents Sps. Eduardo and Gilda Rosca vacated said portion of land. Thereafter, said respondents applied for the administrative titling of Cadastral Lot No. 1377, an orchard land with a total land area of 708,124 sq. m. situated in San Agustin, Castillejos, Zambales with the following boundaries: North Lot Nos. 008 of Sec. 07, 018, 019, 020, 021, 023 of Sec. 04; East Lot Nos. 002, 003, 004, 006; South Lot No. 006; and West Lot Nos. 006, 019, 018, 016 and 009 of Sec. 07. [38] Torrens titles were issued to them as well as to the other respondents. [39] Thus, petitioners instituted the instant case, alleging that the Torrens titles described above are void as respondents purportedly falsified and committed fraud in their respective applications of the issuance of the patent as they have never been in actual and physical possession of the subject land. [40] In their Answer, [41] respondents Sps. Eduardo and Gilda Rosca and their children, Kristen Joy Rosca, Mark Jason Rosca, and the Sps. Bulan denied petitioners' allegations against them and raised the affirmative defense that petitioners have no cause of action as the subject matter was already adjudicated in administrative proceedings wherein they were both parties. [42] The other respondents adopted this Answer, except the counterclaim incorporated therein. [43] Attached to the Answer is an Order dated January 27, 2004 issued by the Office of the Regional Executive Director of the Region III DENR, [44] where it was found that Jesus, who was later on represented by petitioners, caused the issuance of an Advanced Plan-03-002799 for Cadastral Lot No. 1377. He supposedly submitted TD Nos. 3303 and 3720, both of which do not bear any lot number and described the said lot to have a land area of 80 hectares or 800,000 sq. m. [45] Upon verification from the Land Registration Authority, it was also found that Jessmag, Inc. represented by its President, Mario P. Magsaysay, applied for Original Registration of Title in Land Registration Case No. N-195-O, LRC Record No. N-56948, and that Advanced Plan-03-002799 accompanied the said application, among other documents. [46] After considering the aforementioned facts, among others, including an actual ocular inspection conducted during the course of investigation, the Region III DENR concluded that respondents have preferential right over the subject land and thus, ordered the cancellation of Advanced Plan-03-002799 and allowed respondent Gilda J. Rosca to cause a survey of Cadastral Lot No. 1377, Cad. 322-D, Castillejos Cadastre. [47] This Order by the Region III DENR was affirmed by both the DENR Secretary and the Office of the President. [48] On February 8, 2010, the RTC granted the motion to dismiss incorporated in respondents' Answer, and dismissed respondents' counterclaim. [49] The dispositive portion reads: WHEREFORE, in view of the foregoing and the fact this case being one relating to the disposition of public land which the Dep