Sunday, July 8, 2012

Manotok v. Barque, Part III : The August 24, 2010 En Banc Decision


Part I of this four-part series is a summary of the December 12, 2005 decision of the Supreme Court 1st Division denying the Manotoks’ consolidated petitions and sustaining the order for the cancellation of the their title without a direct proceeding before the RTC and for the reconstitution of the Barques’ title.

Part II, on the other hand, is a summary of the December 18, 2008 en banc resolution that reversed the decision of the 1st Division and remanded the petitions to the CA for further proceedings.

In this entry, we will look at the summary of the Court’s August 24, 2010 en banc decision that (1) DENIED that the Manotoks’ petitions, the Manahans’ petition-in-intervention, and the Barques’ petition for reconstitution; (2) declared NULL AND VOID TCT No. RT-22481 (372302) in the name of Severino Manotok IV, et al., TCT No. 210177 in the name of Homer L. Barque, and Deed of Conveyance No. V-200022 issued to Felicitas B. Manahan; (3) ordered The Register of Deeds of Caloocan City and/or Quezon City to CANCEL the said titles; and (4) DECLARED that the subject Lot 823 of the Piedad Estate, Quezon City, legally belongs to the NATIONAL GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES, without prejudice to the institution of REVERSION proceedings by the State through the Office of the Solicitor General. We will also look at the dissenting opinions of the minority.