Last March 6, 2012, the Supreme
Court en banc promulgated its resolution in Manotok vs. Barque, G.R. Nos. 162335 & 162605, the case involving Lot No. 823 of the Piedad Estate (a former friar land)
located in Quezon City.
Voting 9-6, the High Tribunal DENIED WITH FINALITY the motions for
reconsideration filed by all parties in this case. It REITERATED
its August 24, 2012 decision declaring that the subject lot legally belongs to the national
government of the Republic of the Philippines, and denying the respective claims of
the opposing parties (the Manotoks as petitioners, the Barques as
respondents, and the Manahans as intervenors) over Lot No. 823.
In this four-part series, I will endeavour
to sequentially summarize the series of opinions rendered by the Supreme Court
in this case, to wit:
(1) Part I (this entry) – The December 12, 2005 decision of the 1st Division (4-1 vote, Ynares-Santiago,
J., ponente), which denied the Manotoks’
consolidated petitions and sustained the order for the cancellation of the Manotoks’
title and for the reconstitution of the Barques’ title;
(2) Part II – The December 18, 2008 en
banc resolution (8-6-1 vote, Tinga, J., ponente),
which reversed the decision of the 1st Division and remanded the
petitions to the CA for further proceedings;
(3) Part III – The August 24, 2010 en
banc decision (9-5-1 vote, Villarama, J., ponente), which denied the Manotoks’ consolidated petitions and declared their title null
and void, but also denied the petition for reconstitution of the Barques and declared
that the subject lot legally belongs to the national
government of the Republic of the Philippines;
(4) Part IV – The March 6, 2012 en
banc resolution (9-6 vote, Villarama, J., ponente) denying with finality the motions for
reconsideration of the parties.
What went before : The facts
The Barques filed a petition for
administrative reconstitution of TCT No. 210177 issued in the name of their
predecessor, Homer L. Barque, which was allegedly destroyed in the fire that
gutted the Quezon City Hall, including the Office of the Register of Deeds of
Quezon City, sometime in 1988.
The
Manotoks filed their opposition to the Barques’ petition, claiming that the lot
covered by the title sought to be reconstituted by the latter forms part of the
land covered by the former’s own reconstituted title, TCT No. RT-22481, and
alleging that TCT No. 210177 in the name of Homer L. Barque is spurious.
On June 30, 1997, the
reconstituting officer denied the reconstitution of TCT No. 210177 on
grounds that the two lots covered by the Barques’ title appear to duplicate the
lot covered by the Manotoks’ own reconstituted title; and that the Barques’
plan, Fls-3168-D, is a spurious document.
On appeal
by the Barques, the LRA reversed the reconstituting officer and ordered that
reconstitution of the Barques’ title be given due course, but only after the Manotoks’
own title has been cancelled upon order of a court of competent jurisdiction.
The
parties separately appealed to the CA. The two divisions of the CA where the
cases landed similarly modified the LRA decision, ordering the Register of
Deeds of Quezon City to cancel the Manotoks’ title without a direct proceeding
with the RTC, and directing the LRA to reconstitute the Barques' title.
Thus, the Manotoks filed these petitions to
the SC.
The December 12, 2005 decision of
the SC 1st Division
The consolidated
petitions were DENIED by the Supreme
Court 1st Division, which AFFIRMED
the appealed CA resolutions. Justice Ynares-Santiago,
wrote the opinion for the 1st Division, reasoning that “[t]he LRA
properly ruled that the reconstituting officer should have confined himself to
the owner's duplicate certificate of title prior to the reconstitution.” She
went on to state:
The factual finding of the LRA that [the Barques’] title is authentic,
genuine, valid, and existing, while [the Manotoks’] title is sham and spurious,
as affirmed by the two divisions of the Court of Appeals, is conclusive before
this Court. It should remain undisturbed since only questions of law may be
raised in a petition for review under Rule 45 of the Rules of Court.
xxx xxx xxx
There is no basis in the allegation that petitioners were deprived of
“their property” without due process of law when the Court of Appeals ordered
the cancellation of their Torrens title, even without a direct proceeding in
the RTC . . . [T]here is
no need to remand the case to the RTC for a re-determination on the validity of
the titles of [the Barques] and [the Manotoks] as the same has been squarely
passed upon by the LRA and affirmed by the appellate court. By opposing the
petition for reconstitution and submitting their administratively reconstituted
title, petitioners acquiesced to the authority and jurisdiction of the
reconstituting officer, the LRA and the Court of Appeals, and recognized their
authority to pass judgment on their title. All the evidence presented
was duly considered by these tribunals. There is thus no basis to petitioners'
claim that they were deprived of their right to be heard and present evidence,
which is the essence of due process.
xxx xxx xxx
The
reconstitution would not constitute a collateral attack on petitioners' title
which was irregularly and illegally issued in the first place. xxx.
Only Chief Justice Davide fully concurred
with Justice Ynares-Santiago. Justices
Quisumbing and Azcuna wrote separate opinions concurring in the result.
The fifth
member of the 1st Division, Justice
Carpio, dissented and voted to REVERSE
the appealed CA resolutions. He summarized his opinion thus:
[T]he Heirs of Barque filed before the Register of
Deeds an administrative petition to reconstitute their allegedly destroyed TCT.
The Register of Deeds, as reconstituting officer, denied the petition of the
Heirs of Barque because, based on official records, the property involved is
already registered under the Torrens system in the name of Manotok, et al. The
LRA affirmed the Register of Deeds, stating that only the proper trial court
could cancel the TCT of Manotok, et al. although the LRA believed that the TCT
of Manotok, et al. was a sham. The LRA recognized that in an administrative
reconstitution, the decision of the reconstituting body is either to deny or
approve the reconstitution of the applicant's title, never to cancel the
Torrens title of a third party. However, on appeal, the Court of Appeals
declared the TCT of Manotok, et al. void and the TCT of the Heirs of Barque
valid. Clearly, the Court
of Appeals deprived Manotok, et al. of their property without due process of
law. The Court of Appeals blatantly disregarded Section 48 of PD 1529 and
Section 19 of BP Blg. 129 which confer on the proper trial court exclusive
original jurisdiction to cancel a Torrens title in an action directly attacking
the validity of the Torrens title. The Court should not countenance this
gross injustice and patent violation of the law.
[You may also refer to Part II, Part III, and Part IV of this series of
posts for the succeeding opinions of the Supreme Court en banc.]
Hi.
ReplyDeleteIt was an 8-7 vote and not a 9-6 vote. Thank you.
http://www.philstar.com/Article.aspx?articleId=793370&publicationSubCategoryId=64
Hello.
DeleteThanks for the comment.
I also noticed the 8-7 vote in some news and opinion articles. Apparently, Justice Abad is included in the minority in these sources.
The SC website however lists Justice Abad with the majority in both the August 24, 2010 decision and MArch 6, 2012 resolution.
Please refer to:
http://elibrary.judiciary.gov.ph/decisions.php?doctype=Decisions%20/%20Signed%20Resolutions&docid=1334296714662769742#sam
http://elibrary.judiciary.gov.ph/decisions.php?doctype=Decisions%20/%20Signed%20Resolutions&docid=1285832490248711720#sam
Hello.
DeleteThank you for the reply.
Justice Abad dissented as can be seen here and Corona "certified" the vote of Justice Del Castillo.
http://i50.tinypic.com/2i1d2pv.jpg
And so, it is really 8-7. The reporters could have copies of this controversial decision.
Here is another picture worth looking at
http://i46.tinypic.com/o9nuw6.jpg
Hi again.
DeleteImportant to note that
- the Manotoks have been in possession of the land
- have been occupying the land since the 1970s and have actually walled the entire property.
- they have been paying taxes to the government since the very beginning.
- that they sued Barque for Barque's fake title which was forged after the fire of the Quezon City Hall.
- Barque's title was fake & so was Mananahan's
- the government is not party to the case but won the land simply because of a missing signature which is the fault of the government.
- all friar lands lack that certain signature similar to the Banilad Estate case.
http://www.malaya.com.ph/index.php/opinion/2063-sc-upholds-class-legislation
Thank you.
Thanks for the .jpg images you shared.
DeleteI have no means of independently verifying them, but if the images correctly reflect the actual voting of the Justices, especially Justice Abad, then the SC-PIO staff who posted the entries in the SC elibrary links I previously shared made a mistake -- TWICE.
Now, that is rather curious. :)
Hi again.
DeleteYes. I have verified the 8-7 vote. Even news reporters have a copy of the 8-7 voting.
http://business.inquirer.net/51537/twice-to-vote
http://www.philstar.com/Article.aspx?articleId=802738&publicationSubCategoryId=64
The 9-6 is wrong.
"Concurring with Villarama’s ponencia were: CJ Corona, Teresita Leonardo-de Castro, Diosdado Peralta, Lucas Bersamin, Jose Perez, Jose Mendoza, and Mariano del Castillo."
"Justice Antonio Carpio led the dissent, joined by Justices Presbitero Velasco, Arturo Brion, Roberto Abad, Maria Lourdes Sereno, Bienvenido Reyes, and Estela Perlas-Bernabe."
http://new.philstar.com/opinion/792000/sc-ruling-dispossesses--millions-of-lot-owners
Thank you.
Whats the current progress between the 2 parties? Manotoks and the Barques? Any update?
ReplyDelete