G.R. No. 171756 - SPOUSES RICARDO IMBAT AND LILIA IMBAT, VS. SPOUSES MEDARDO SOLIVEN AND FLORENTINA NARVASA AND VINEZ HORTALEZA. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, judgment is hereby rendered in favor of the defendants Sps. Medardo Soliven and Florentina Narvasa and against the plaintiffs as follows: 1). Dismissing the complaint for lack of cause of action. 2). Declaring defendants Sps. Medardo Soliven and Florentina Narvasa [sic] the land in question, and quieting their title over the same and removing all clouds thereon. 3). Dismissing all other claims of the plaintiffs for lack of basis. 4). Ordering the plaintiffs to pay to the defendants the amounts of P20,000.00 as and attorney's fees and P10,000.00 as litigation expenses, and to pay the cost of suit. [7] (Underscoring supplied) Petitioners appealed to the Court of Appeals, raising the issue of WHETHER OR NOT THE HONOURABLE COURT A QUO'S DECISION IS IN CONSONANCE WITH THE FACTUAL CIRCUMSTANCES SURROUNDING THE CASE CONSIDERING THE QUESTIONED PROPERTY WHICH WAS CLAIMED BY THE DEFENDANTS-APPELLEES WAS LOCATED AT BARRIO BINDAY , SAN FABIAN, PANGASINAN NOT [AT] BARRIO ANONANG , SAN FABIAN, PANGASINAN, THE SUBJECT MATTER OF THIS CASE. [8] (Emphasis and underscoring supplied) Before the appellate court, petitioners argued in the main that the land claimed to be owned by respondents is located at Barrio Binday, and not at Barrio Anonang, which is where the land subject of the case and which was donated to petitioner Ricardo Imbat by his father Florentino Imbat is located; and that the land located in Anonang was purchased by Florentino Imbat in 1949, taxes for which were religiously paid. The appellate court found that the documentary evidence showed that the land in question is the same land subject of the forcible entry case, and that respondents are the owners thereof. Explained the appellate court: . . . [T]he Absolute Sale of Unregistered Land dated December 22, 1975 refers to a property situated at Barrio Anonang , San Fabian, Pangasinan. Likewise, the SOLIVENs' Declaration of Real Property and the Certification issued by the National Irrigation Administration (NIA) refer to the land located in Barrio Anonang , San Fabian, Pangasinan. The "Recibo Ti Panangawat Ti Cuarta Nga Ingatang Ti Daga" to which appellants anchor their claim is no more than just a receipt - an acknowledgment of payment. It does not establish with certainty the particulars of the property involved therein. Among the Absolute Sale of Unregistered Land, the NIA Certification and the "Recibo Ti Panangawat Ti Cuarta Nga Ingatang Ti Daga," the first two documents are determinative of the identity of the land . [9] (Emphasis and underscoring supplied) After receipt on November 19, 2003 by petitioners of a copy of the appellate court's decision or on December 4, 2003, the 14th day of the 15-day reglementary period to file a motion for reconsideration or an appeal, petitioners filed a motion for extension of time (10 days) to file a motion for reconsideration. [10] On December 9, 2003, petitioners did file a motion for reconsideration of the appellate court's decision. [11] By Re