Director of Lands v. Alberto

G.R. No. L-28516 · 1973-07-31 · J. FERNANDO, J.: · Primary: Remedial; Secondary: Civil
REITERATION

Facts

1. The Antecedents: The underlying dispute concerned the validity of Transfer Certificates of Title Nos. T-39536 and T-39537, issued in the name of Zoilo C. Alberto. The Director of Lands sought to have these titles declared null and void, and for Alberto to surrender them to the Register of Deeds of Laguna for cancellation, with the revival of a previous title, Transfer Certificate of Title No. T-12304. 2. Procedural History: The Court of First Instance of Laguna, in Civil Case No. B-582, rendered a decision on September 19, 1967, declaring the aforementioned titles void and ordering their surrender. Zoilo C. Alberto appealed this decision directly to the Supreme Court. The parties filed their respective briefs. Subsequently, Alberto filed multiple motions to withdraw his appeal, which were initially denied by the Court. The Solicitor General, representing the Director of Lands, initially cautioned that withdrawal would mean acceptance of the lower court's decision. 3. The Petition: The case reached the Supreme Court on appeal from the Court of First Instance of Laguna. After several attempts to withdraw the appeal, defendant-appellant Zoilo C. Alberto filed a third motion on June 20, 1973, stating his readiness to accept and abide by the decision of the lower court. Based on a manifestation from the Solicitor General, who offered no objection to this motion, the Supreme Court dismissed the appeal, thereby affirming the decision of the lower court in its entirety.

Issue(s)

Whether the appeal filed by Zoilo C. Alberto should be dismissed based on his unqualified motion to withdraw the same, with the appellee offering no objection. Whether the decision of the Court of First Instance of Laguna, declaring Transfer Certificates of Title Nos. T-39536 and T-39537 null and void, should be given full force and effect.

Ruling

The Supreme Court dismissed the appeal filed by Zoilo C. Alberto. Consequently, the decision of the Court of First Instance of Laguna, declaring Transfer Certificates of Title Nos. T-39536 and T-39537 null and void and ordering the surrender of said titles, was given full force and effect in its entirety. No pronouncement as to costs was made.

Ratio Decidendi

On Issue 1: The Supreme Court dismissed the appeal based on the unqualified motion of the defendant-appellant Zoilo C. Alberto to withdraw his appeal. This motion was accompanied by a manifestation from the appellee, the Director of Lands, stating that it offered no objection to the withdrawal. The Solicitor General's manifestation clarified that the unqualified motion meant that upon withdrawal, the decision of the lower court would become final and executory, and that Alberto would limit his activities within the area of his previous title, TCT No. T-12304, and would no longer intrude into portions of the shores of Laguna de Bay belonging to the Government not covered by said title. The Court had previously denied an earlier motion to withdraw, but the subsequent unqualified motion, with the appellee's non-objection, led to the dismissal. On Issue 2: As a consequence of the dismissal of the appeal, the decision of the Court of First Instance of Laguna was affirmed and given full force and effect. This decision had declared Transfer Certificates of Title Nos. T-39536 and T-39537 in the name of Zoilo C. Alberto null and void. The lower court had also ordered Alberto to surrender these certificates to the Register of Deeds of Laguna for cancellation and for the revival of the previous Transfer Certificate of Title No. T-12304 with its annotations. The dismissal of the appeal means that Alberto is bound by this ruling and must comply with the orders of the lower court.

Main Doctrine

The Supreme Court dismissed the appeal filed by Zoilo C. Alberto, thereby giving full force and effect to the decision of the Court of First Instance of Laguna. This action was based on the unqualified motion of the appellant to withdraw his appeal, coupled with the manifestation of the appellee, the Director of Lands, that it offered no objection to the withdrawal. The dismissal signifies that the appealed decision, which declared Transfer Certificates of Title Nos. T-39536 and T-39537 null and void and ordered the surrender of said titles, became final and executory.

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