Caro Vs Sucaldito

Prescriptibility for action of reconveyance
MELCHOR CARO vs. SUSANA SUCALDITO

[G.R. No. 157536. May 16, 2005]
CALLEJO, SR., J.:
FACTS: Gregorio Caro bought a parcel of land known as Assessors Lot No. 160
from Ruperto Gepilano as evidenced by a Deed of Sale dated October 21, 1953.
The said lot was situated in Sitio Bangyan, Barrio Calaya, Municipality of Nueva
Valencia, Iloilo City, consisting more or less of 17.9849 hectares. Thereafter,
Gregorio Caro sold a portion of the said lot to his son Melchor Caro, consisting of
70,124 square meters, and now identified as Lot No. 4512 of the Cadastral survey
of Nueva Valencia, Pls-775. Father and son executed a Deed of Definite Sale dated
January 31, 1973 covering Lot No. 4512. On August 1, 1974, Melchor Caro applied
for a free patent before the Bureau of Lands, District Land Office No. 6-1, covering
the said area of the property which he bought from his father. The application
was, however, opposed by Deogracias de la Cruz. On November 6, 1980, the
Regional Director rendered a Decision canceling the said application. Caro filed a
notice of appeal before the Regional Land Office in Iloilo City, docketed as MNR
Case No. 5207. However, the appeal was dismissed in an Order dated June 29,
1982, on the ground of failure to file an appeal memorandum within the
reglementary period therefor. On August 29, 1982, Susana R. Sucaldito, as the
buyer of Lot No. 4512, filed an Application for a Free Patent covering the said lot,
and was issued Free Patent No. 597599. Consequently, the Register of Deeds of
Iloilo City issued Original Certificate of Title (OCT) No. F-27162 in her favor.
Sucaldito then filed a Petition for Writ of Possession before the RTC of Iloilo City,
which was granted in an Order dated May 7, 1984. Thereafter, on February 20,
1984, Caro filed a Complaint against Sucaldito for Annulment of Title, Decision,
Free Patent and/or Recovery of Ownership and/or Possession with Damages
before the RTC of Iloilo City. He later filed an amended complaint, alleging that he
was the owner of the subject lot, and had been in possession of the same since
1953 and/or even prior thereto in the concept of owner, adversely, openly,
continuously and notoriously. He further alleged that the said lot had been
declared for tax purposes in his name and that of his predecessors-in-interest, and
that the corresponding land taxes had been paid therefor. He claimed that
Assessors Lot No. 160 had actually been divided into two lots, namely, Lot No.
4511 and Lot No. 4512; Sucaldito had actually been claiming Lot No. 989 (Lot No.
4512), which was located two kilometers away. He lamented that despite the
overwhelming evidence proving his ownership and possession of the said
property, the Bureau of Lands did not award it to him. Caro further alleged that
since the issuance of the free patent over the subject lot in favor of Sucaldito was
wrongful and fraudulent, she had no right whatsoever over the subject lot. Hence,
as a trustee of a constructive trust, she was obliged to return the same to him
as the lawful owner. In her answer with counterclaim, Sucaldito interposed, as a
special affirmative defense, the fact that she intervened in the proceedings on
Caros application for a free patent over Lot No. 4512 before the Bureau of Lands
having bought the subject land from De la Cruz. Moreover, contrary to the
allegations of the petitioner, Lot No. 989 and Lot No. 4512 were one and the same
lot, as per the findings of the Bureau of Lands. The parties thereafter presented
evidence to prove their respective claims. In a Decision dated December 7, 1993,
the trial court ruled in favor of the respondent and dismissed the petitioners
complaint.
RULING OF TRIAL COURT: Caro had no personality to file the action for the
annulment of the free patent issued in favor of Sucaldito, which could only be
brought by the Solicitor General. It held that an applicant for a free patent who is
not the owner of a parcel of land cannot bring an action in court to recover the
land, for the court may not usurp the authority of the Director of Lands and the
Secretary of Agriculture to dispose lands of the public domain through
administrative proceedings under the Public Land Act, or Commonwealth Act No.
141, as amended. The trial court further stressed that the remedy of a rivalapplicant for a free patent over the same land was through administrative
channels, not judicial, because even if the oppositor succeeds in annulling the title
of the applicant, the former does not thereby become the owner of the land in
dispute.
Aggrieved by the trial courts ruling, Caro elevated the case to the CA
CAS DECISION: The CA dismissed the petition in its Decision dated July 31,
2002. The appellate court agreed with the ruling of the RTC that the petitioner had
no personality to file the action under Section 101 of Commonwealth Act No. 141,
considering further that he was a mere applicant for a free patent. Citing several
cases, the appellate court ruled that the findings of fact made by administrative
agencies which are supported by substantial evidence must be respected,
particularly where the question demands the exercise of sound administrative
discretion requiring special knowledge and experience.
ISSUE: WON he has the legal personality to file the action for annulment of
patent based on constructive trust.
HELD: The Court agrees with the ruling of the RTC and the CA, and holds
that the petitioner has no personality to file a suit for reconveyance of
the subject property. The Court notes that the petitioners complaint before the
RTC prays for the annulment of the free patent issued in the respondents favor.
Considering that the ultimate relief sought is for the respondent to return the
subject property to him, it is in reality an action for reconveyance. In De Guzman
v. Court of Appeals, the Court held that [t]he essence of an action for
reconveyance is that the decree of registration is respected as incontrovertible
but what is sought instead is the transfer of the property which has been
wrongfully or erroneously registered in another persons name, to its rightful
owner or to one with a better right. Indeed, in an action for reconveyance filed by
a private individual, the property does not go back to the State. Reversion, on the
other hand, is an action where the ultimate relief sought is to revert the land back
to the government under the Regalian doctrine. Considering that the land subject
of the action originated from a grant by the government, its cancellation is a
matter between the grantor and the grantee. Under Section 2, Rule 3 of the
Rules of Court, every action must be prosecuted or defended in the
name of the real party-in-interest, or one who stands to be benefited or
injured by the judgment in the suit. Corollarily, legal standing has been
defined as a personal and substantial interest in the case, such that the
party has sustained or will sustain direct injury as a result of the
challenged act. Interest means a material interest in issue that is
affected by the questioned act or instrument, as distinguished from a
mere incidental interest in the question involved. Clearly then, a suit
filed by one who is not a party-in-interest must be dismissed. In this
case, the petitioner, not being the owner of the disputed property but a
mere applicant for a free patent, cannot thus be considered as a partyin-interest with personality to file an action for reconveyance. To
reiterate, the petitioner is not the proper party to file an action for
reconveyance that would result in the reversion of the land to the
government.
The petitioner has no personality to recover the
property as he has not shown that he is the rightful owner thereof.

Caro Vs Sucaldito

Uploaded by

Copyright:

Available Formats

Caro Vs Sucaldito

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Caro Vs Sucaldito

Uploaded by

Copyright:

Available Formats

Prescriptibility for action of reconveyance

MELCHOR CARO vs. SUSANA SUCALDITO

You might also like