G.R. NO. 155688 - NATIVIDAD FIGURACION, FILMA F. RABOR AND CATHERINE MANALASTAS, VS. SPOUSES CRESENCIANO AND AMELITA LIBI.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the Sangguniang Panlungsod of Cebu City amended Resolution No. 330 by issuing Resolution No. 2345, [14] approving the reconveyance of 130 sq. m. of Lot No. 899-D-2, and Mayor Osmena executed in favor of Isagani Figuracion an amended deed of sale dated January 24, 1992 over said portion for P65,000.00. [15] TCT No. 113746 and TCT No. 113747 were canceled, and in lieu thereof, TCT No. 122369 [16] was issued on September 30, 1992 to Isagani Figuracion. It appearing that herein respondents had been using the subject lot, and refused to vacate it despite demand, petitioners, as successors-in-interest of Isagani Figuracion, filed against respondents a complaint for unlawful detainer, docketed as Civil Case No. R-34287 in the Municipal Trial Court (MTC), Branch 2, Cebu City. The MTC rendered a decision on June 26, 1995, declaring petitioners entitled to possession of the subject lot and ordering respondents to remove the fence they had constructed. [17] The MTC decision was affirmed by the RTC (Branch 19), Cebu City in its January 15, 1996 Decision [18] in Civil Case No. CEB-1778, which, in turn, was upheld by the CA in its April 30, 1996 Decision [19] in CA-G.R. SP No. 39631. Undaunted, respondents filed against petitioners a complaint for easement, docketed in the RTC as Civil Case No. CEB21193, praying that they (respondents) be granted a right of way over the subject lot. [20] However, respondents twice amended their complaint [21] to implead Cebu City, and shifted to a different cause of action --that is, from one for the establishment of an easement of right of way over the subject lot to one for the annulment of a) Resolutions No. 330 and No. 2345, b) the January 24, 1992 deed of sale in favor of Isagani Figuracion, and c) TCT No. 122309, and the payment of damages. In its Answer, [22] Cebu City defended the reconveyance to Isagani Figuracion of the subject lot considering that it was not utilized in the construction of N. Escario Street and had long been vacant. Petitioners filed their own Answer, [23] pointing out that the complaint in Civil Case No. CEB-21193 is barred by the June 26, 1995 MTC decision in Civil Case No. R-34287, as affirmed by the RTC and CA. They also challenged respondents legal standing to question the Sangguniang Panlungsod resolutions. After trial, the RTC in Civil Case No. CEB-21193 rendered the following decision: WHEREFORE, in view of all foregoing, judgment is hereby rendered declaring resolution Nos. 330 and 2345 of the Sangguniang Panlungsod ng Cebu, Deed of Sale, Amended Deed of Sale, and TCT No. 122309 as null and void. SO ORDERED.