G.R. No. 155126 - GABI MULTI PURPOSE COOPERATIVE, INC., VS. REPUBLIC OF THE PHILIPPINES.DECISION - Supreme Court E-Library

Ruling

WHEREFORE , premises considered, the present petition is hereby GRANTED . The Order of the lower court dated August 25, 2000 is hereby REVERSED and SET ASIDE for having been issued with grave abuse of discretion amounting to lack or excess of jurisdiction. The public respondent is directed to continue the proceedings in this case with dispatch until its final termination. [4] The assailed Resolution denied petitioners Motion for Reconsideration. The Facts A Complaint for Annulment and Cancellation of Titles was filed before the Regional Trial Court (RTC) in Cebu City by the Republic of the Philippines (Republic) against Arturo C. Larrazabal, Marta Larrazabal, Corazon C. Larrazabal, Millie de la Riva-Larrazabal, Carlos Marquez Jr., and the Register of Deeds of Cebu City. [5] Docketed as Civil Case No. CEB-17639, the suit alleged that Respondent Republic was the owner of a parcel of public land in Sudlon, Cebu City, which had been segregated and reserved as the Sudlon National Park by Presidential Proclamation No. 56, s. 1936, per Land Classification Map No. 2124, Project No. 3-C of Cebu City. Respondent prayed for the annulment and cancellation of defendants titles, which had allegedly been obtained illegally. It alleged that the titled parcels were not classified as alienable and disposable land, [6] because they encroached on parts of the Sudlon National Park. In their Answer, defendants contended that prescription, laches and estoppel barred respondent from questioning the disposition of the subject land. [7] On March 26, 1996, the Republic filed an Amended Complaint (1) impleading Petitioner GABI Multi-purpose Cooperative (GABI); and (2) substituting the heirs of Marta and Arturo Larrazabal for the original defendants, Marta and Arturo. The pertinent allegations in the Amended Complaint are the following: 5. Included in the said Sudlon National Park are parcels of land that were patented and titled in favor of the following, viz : 5.1 ARTURO C. LARRAZABAL x x x Lot No. 18454-C. 07-01-0000134 (formerly a portion of Psu-195981) Original Certificate of Title No. 2017 Free Patent No. (VII-1) 6605 Issued on April 14, 1977 Area: 40,855 square meters Location: Gabi, Sudlon, Cebu City 5.2 CORAZON C. LARRAZABAL x x x Lot No. 18454-G, Csd 07-01-000034 (formerly a portion of Psu-195981) Original Certificate of Title No. 2019 Free Patent No. (VII-1) 6607 Issued on April 14, 1977 Area: 40,857 square meters Location: Gabi, Sudlon, Cebu City 5.3 CORAZON C. LARRAZABAL x x x Lot No. 18454-B, Csd 07-01-000034 (formerly a portion of Psu-195981, Sudlon Cebu City) Original Certificate of Title No. 2020 Free Patent No. (VII-1) 6606 Issued April 14, 1977 Area: 40,855 square meters Location: Gabi, Sudlon, Cebu City 5.4 MILLIE R. LARRAZABAL x x x Lot No. 18454-I, Csd 07-01-000034 (formerly a portion of Psu-195981) Original Certificate of Title No. 2021 Free Patent No. (VII-1) 6606 Issued April 14, 1977 Area: 40,855 square meters Location: Gabi, Sudlon,