Decaleng v. Bishop of the Missionary District

G.R. No. 171209 · 2012-06-27 · J. LEONARDO-DE CASTRO, J.: · Primary: Civil; Secondary: Property Law, Land Registration
REITERATION

Facts

The Antecedents: This case concerns a dispute over ownership and possession of two parcels of land, known as Ken-geka and Ken-gedeng, located in Sagada, Mountain Province. The Philippine Episcopal Church (PEC), through its Episcopal Diocese of Northern Philippines (PEC-EDNP), claims ownership based on a Certificate of Title No. 1 issued in 1915 to its predecessor, the U.S. Episcopal Church, and a subsequent Deed of Donation. The PEC-EDNP asserts that these properties have been under their missionary, pastoral, and administrative oversight. The respondents, initially represented by Ambrosio Decaleng and Fabian Lopez, and later including other individuals, claim ownership and possession based on inheritance and long-standing occupation dating back generations, asserting that the lands were given to them by their parents according to local custom. Procedural History: The PEC-EDNP initiated a civil case (Civil Case No. 797) before the Regional Trial Court (RTC) of Bontoc, Mountain Province, seeking recovery of ownership and possession (accion reinvindicatoria and accion publiciana). The RTC initially suspended proceedings for a relocation survey. After the parties filed their respective pleadings, including an amended complaint impleading additional defendants, the RTC rendered a decision on January 20, 1995, dismissing the PEC-EDNP's complaint and ordering it to pay attorney's fees and litigation expenses. The PEC-EDNP appealed this decision to the Court of Appeals (CA). On August 26, 2005, the CA reversed the RTC's decision, declaring the PEC-EDNP as the true owner of the properties and ordering the defendants to vacate. A motion for reconsideration by the defendants was denied on January 18, 2006. The Petition: The spouses Ambrosio and Julia Decaleng (petitioners) filed a Petition for Review on Certiorari under Rule 45 of the Rules of Court, assailing the August 26, 2005 Decision and January 18, 2006 Resolution of the Court of Appeals. They argue that the CA erred in upholding Certificate of Title No. 1, which the trial court found to be non-existent or fictitious. They also contend that the CA erred in holding that the respondent established ownership and possession, contrary to the trial court's finding that the petitioners and their predecessors had been in possession. Furthermore, the petitioners claim the CA failed to apply the doctrine established in Cariño v. Insular Government regarding possession from time immemorial. The Supreme Court noted that the factual findings of the RTC and the CA were conflicting, necessitating a review of the evidence.

Issue(s)

Whether the Court of Appeals erred in reversing the Regional Trial Court's decision and declaring PEC-EDNP as the owner of the disputed properties. Whether Certificate of Title No. 1 is valid and its existence can be challenged collaterally. Whether the spouses Decaleng established a superior claim of ownership and possession over the disputed properties.

Ruling

The Supreme Court denied the petition of the spouses Decaleng and affirmed the decision of the Court of Appeals. The Court declared PEC-EDNP as the true and real owner of the properties and ordered the defendants to vacate and surrender peaceful possession thereof.

Ratio Decidendi

On the ownership and possession of the disputed properties: The Court found that PEC-EDNP successfully proved both the identity of the land and its title thereto, satisfying the requisites for an accion reinvindicatoria under Article 434 of the Civil Code. The identity of the Ken-geka property was established by Certificate of Title No. 1, and the Ken-gedeng property by Lot 3 of Survey Plan PSU-118424, with their descriptions verified by various surveys. PEC-EDNP proved its title through the Certificate of Title No. 1 issued to its predecessor, the Deed of Donation conveying the property to PEC, and tax declarations. For the Ken-gedeng property, PEC-EDNP demonstrated occupation under claim of title since 1901, supported by tax declarations and substantial improvements, including buildings and trees, as testified by its officers and residents. The Court found the documentary and testimonial evidence of PEC-EDNP to be sufficient, clear, and competent, establishing its absolute ownership and actual possession. On the validity and collateral attack of Certificate of Title No. 1: The Court held that the spouses Decaleng's contention regarding the non-existence of Certificate of Title No. 1 constituted a collateral attack, which is prohibited under Section 48 of Presidential Decree No. 1529. A certificate of title under the Torrens system is indefeasible and cannot be altered, modified, or cancelled except in a direct proceeding. The spouses Decaleng's challenge to the title was incidental to their defense against PEC-EDNP's action for recovery of ownership and possession, and they did not pray for the annulment or cancellation of the title. The Court also noted that the alleged non-existence of the title in the Registry of Deeds records was explained by the destruction of pre-war records due to fire, and PEC-EDNP had presented the owner's duplicate certificate as evidence, which is admissible under Section 47 of Act No. 496. The Court also found that the spouses Decaleng's objections to the admission of photocopies of the title and deed of donation were waived due to lack of timely objection during trial. On the claim of the spouses Decaleng: The Court found that the spouses Decaleng failed to present convincing evidence to establish their rights of possession and ownership superior to PEC-EDNP's. They could not establish the exact location and boundaries of the properties they claimed, nor the basis of their title or how their predecessors-in-interest acquired the properties. Their claim of possession since time immemorial was not supported by evidence, as their testimonies only established possession as far back as the 1920s, which is insufficient to meet the standard set in cases like Oh Cho v. Director of Lands. Furthermore, their claim of imperfect title was not substantiated, as they failed to prove that the properties were still part of the public domain when their predecessors-in-interest occupied them, especially since the Ken-geka property was already titled in 1915 and Ken-gedeng was occupied under claim of title by PEC-EDNP's predecessor since 1901. The Court also noted that the spouses Decaleng's defense relied heavily on the RTC's findings, which were overturned by the CA.

Main Doctrine

In an action to recover ownership of real property, the claimant must prove both the identity of the land and their title thereto. A certificate of title under the Torrens system cannot be subjected to a collateral attack; its validity can only be questioned in a direct proceeding. The mere fact that a certificate of title is not found in the Registry of Deeds does not necessarily mean it never existed, especially when evidence of destruction of records exists.

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