Verdant Acres, Inc. v. Hernandez

G.R. No. L-51352 · 1988-01-29 · J. NARVASA, J.: · Primary: Civil; Secondary: Remedial
REITERATION

Facts

The Antecedents: Verdant Acres, Inc. (Verdant) filed a civil suit against Ponciano Hernandez to recover 4,903 square meters of land, alleging it was part of Verdant's 83,850 square meter lot covered by Transfer Certificate of Title No. 93366. Hernandez claimed the portion belonged to his property of 73,850 square meters covered by Original Certificate of Title No. 6178. Verdant's predecessor-in-interest, Enrique Guinto, obtained Decree No. 7278 on June 19, 1952, for a 73,850 square meter lot. Verdant purchased this land on November 25, 1961, and subdivided it. During development, Verdant discovered Hernandez occupying approximately 5,000 square meters. Relocation surveys by Verdant's engineer, Cecilio Rebuitan, in 1962 and 1968 indicated an overlap of 5,218 square meters. Hernandez inherited two parcels from his father, Bonifacio Hernandez, totaling 43,178 square meters. Bonifacio had paid taxes since 1917 and had a consolidated survey plan (Psu-16118) approved in 1919. Bonifacio died in 1928. Ponciano Hernandez later had his land surveyed by Godofredo Limbo, resulting in plan Psu-181245 with an aggregate area of 46,713 square meters for three lots, including Lot 1 with 27,015 square meters. Decree No. N-115756 was issued to Ponciano Hernandez on May 4, 1967, and Original Certificate of Title No. 6178 was issued on July 25, 1967. A verification survey by Geodetic Engineer Rodrigo Cañero found an overlap of 4,839 square meters. Hernandez's surveyor, Basilio Cabrera, found no issues. The Trial Court ordered the Director of Lands to conduct a verification survey, which Engineer Romeo Ardina of the Bureau of Lands performed. Ardina's survey plan (vs. -04-000006) confirmed an overlap of 4,903 square meters. Procedural History: The Regional Trial Court of Rizal ruled in favor of Verdant Acres, Inc., declaring it the rightful owner of the 4,903 square meter area, ordering an amended technical description for Hernandez's lot to reduce its area, and commanding Hernandez to vacate. Hernandez appealed to the Court of Appeals, which affirmed the Trial Court's decision on March 1, 1979. Hernandez filed a motion for reconsideration, which a Special Division of Five of the Court of Appeals granted by a vote of 3 to 2, reversing the previous decision and dismissing Verdant's complaint. The Petition: Verdant Acres, Inc. filed the present petition for review on certiorari, seeking to reverse the resolution of the Special Division of Five of the Court of Appeals, arguing that its findings were based on a misapprehension of facts.

Issue(s)

Whether the findings of the Special Division of Five of the Court of Appeals, which reversed the earlier decision, were based on a misapprehension of facts, including the weight of Engineer Romeo Ardina's testimony and the conflicting survey reports. Whether the evidence presented by Verdant Acres, Inc. is superior to that presented by Ponciano Hernandez, considering the reliability of the surveyors and the boundaries of the land. Whether the precedence of earlier title should prevail and whether procedural issues raised by Hernandez have merit.

Ruling

The petition is granted. The Resolution of the Court of Appeals dated August 24, 1979, is reversed and set aside. The Decision of the Trial Court, as affirmed by the Court of Appeals' original decision of March 1, 1979, is reinstated.

Ratio Decidendi

On the issue of misapprehension of facts and the weight of evidence: The Supreme Court found that the Special Division of Five of the Court of Appeals erred in reversing the earlier decision. The Court held that there was nothing doubtful or inconclusive about Engineer Romeo Ardina's testimony regarding the overlapping of the lands. Ardina's verification survey clearly indicated an overlap of 4,903 square meters on the ground, even if not apparent from a mere table survey of the plans. The Court emphasized that Ardina's findings were based on actual field plotting of coordinates and technical data, making them more reliable than mere table surveys or conflicting reports that did not involve field verification. The Court also noted that Ardina could not definitively state which plan encroached upon the other, as this depended on legal title, not just engineering expertise. The Court pointed out that the initial reports from the Director of Lands and the Land Registration Commission, which stated no overlap, were superseded by the subsequent verification survey ordered by the Trial Court due to conflicting reports from private surveyors. Engineer Ardina's official verification survey, which confirmed the overlap, was therefore entitled to greater weight. The Court found that the Reversing Resolution improperly rejected Ardina's testimony and gave undue weight to Hernandez's witnesses without sufficient justification. On the superiority of Verdant's evidence: The Supreme Court agreed with the dissenting opinion of the Court of Appeals that Verdant's evidence was qualitatively and quantitatively superior. Qualitatively, Verdant's evidence was based on findings of an official surveyor of the Bureau of Lands. Quantitatively, two surveyors (Ardina and Cañero) concluded there was an overlap, while only one (Cabrera) claimed otherwise. The Court found Cabrera's survey unreliable as he did not locate the boundaries of Verdant's land, relied on illiterate farmers, and did not compute the area in the field, failing to ascertain if Hernandez had usurped any portion. On the precedence of earlier title and procedural issues: The Court reiterated the established principle that the right of the holder of an earlier registered title must prevail over that of the holder of a later title concerning an overlapped area. The Trial Court had correctly applied this principle, and the Villasor Decision of the Court of Appeals had affirmed it. The Reversing Resolution did not dispute this legal tenet but focused solely on re-evaluating the evidence of overlapping. The Court briefly addressed the procedural issues raised by Hernandez, such as lack of jurisdiction and failure to state a cause of action, stating that these were correctly disposed of by the Villasor Decision and were not pressed by Hernandez in his motion for reconsideration or the subsequent appeal.

Main Doctrine

The holder of an earlier registered title prevails over the holder of a later registered title concerning an overlapped area, especially when supported by official verification surveys.

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