Prieto v. Arroyo

18 - Prieto v.
Arroyo, 14 SCRA 549 (1965)

GR NO. L-17885, June 30, 1965
IV. What Need Not Be Proved
DOCTRINE: As a general rule, courts are not authorized to take judicial notice in the adjudication of cases
pending before them, of the contents of other cases, even when such cases have been tried or are pending
in the same court, and notwithstanding the fact that both cases may have been tried or are actually pending
before the same judge.
FACTS
 Zeferino Arroyo, Sr. filed in CFI a petition for registration of several parcels of land, including Lot No.
2. After the proper proceedings Original Certificate of Title (OCT) No. 39 covering said lot was issued
in his name. In the same year and court, Gabriel P. Prieto filed a petition for registration of an
adjoining parcel of land (Lot 3) to which, an OCT No. 11 was issued in his name.
 After Zeferino’s death, OCT No. 39 was cancelled, and TCT No. 227 was issued in the names of his
heirs, namely Meden Jack, Joker, Nonito and Zeferino, Jr., all surnamed Arroyo [defendants of the
case].
 The heirs filed in CFI a petition claiming that the technical description set forth in their TCT and in the
OCT of their predecessor did not conform with that embodied in the decision of the land registration
court (LRC), and was less in area by 157 square meters. They prayed for:
o Correction of the description pursuant to Sec. 112 of the Land Registration Act;
o Cancellation of their TCT and another one be issued to them with the correct technical
description.
The petition was filed in the registration record but was docketed as Special Proceedings No. 900.
CFI:
 CFI issued an order directing the Register of Deeds of Camarines Sur to "change, upon payment of
his fees, the description in TCT No. 227 of Lot 2, so as to conform to the decision of the LRC, and to
correct the spelling of the name of one of the petitioners from 'Miden Arroyo' to 'Meden Arroyo'.
 Prieto filed in CFI a petition to annul the order in Special Proceedings No. 900 against the
defendants. At the hearing of the petition, neither he nor his counsel appeared. CFI then dismissed
the petition for failure to prosecute. A motion for reconsideration of that order was also denied.
 Prieto filed the present action for annulment of Special Proceedings No. 900 and the order therein
against the same defendants. He also prayed that the 157 square meters allegedly taken from his lot
by virtue of said order be reconveyed to him.
 The heirs moved to dismiss the complaint on the ground of res judicata. Prieto opposed, and later on,
the court granted the motion to dismiss. It is from the order of dismissal, plaintiff having failed to
secure its reconsideration, that the appeal has been taken.
CA:
 Prieto appealed the order of CFI to the CA. Since only questions of law are involved, the appeal has
been certified to this Court.
ISSUE
WON the CFI erred in dismissing Prieto’s first petition for annulment because no "parole" evidence need
be taken to support it, the matters alleged being parts of the records of Arroyo’s petition for registration of
lands and Prieto’s petition for registration of adjoining parcels of land, which were well within the judicial
notice and cognizance of the said court.
HELD: NO.
MAIN ISSUE
 As a general rule, courts are not authorized to take judicial notice in the adjudication of cases
pending before them, of the contents of other cases, even when such cases have been tried or
are pending in the same court, and notwithstanding the fact that both cases may have been
tried or are actually pending before the same judge.
 Secondly, if appellant had really wanted the court to take judicial notice of such records, he should
have presented the proper request or manifestation to that effect instead of sending, by
counsel, a telegraphic motion for postponement of hearing, which the court correctly denied.
 Finally, the point raised by counsel is now academic, as no appeal was taken from the order
dismissing his first petition, and said order had long become final when the complaint in the
present action was filed.
Side Issues
1. Prieto argues that the institution of SpecPro No. 900 was irregular and illegal because there was no
notice and that it was instituted almost 6 years after the issuance of the decree and title sought to be
corrected, and hence the order of the court for the correction of the technical description in appellees'
title is void ab initio.
 The Court held that issue here is not the validity of SpecPro No. 900, but the propriety of the
dismissal of Prieto's complaint on the ground of res adjudicata. The validity of the said proceedings
was the issue in the first case he filed but due to his and his counsel’s failure to attend the hearing, it
was dismissed for failure to prosecute. Since no appeal was taken, it had the effect of an adjudication
upon the merits.
2. Prieto contends that said order could not have the effect of a judgment because the Court did not
acquire jurisdiction over the persons of the heirs, as they did not file any opposition or responsive
pleading in that case.
 The heirs, on the other hand, allege that they had voluntarily submitted to the court's jurisdiction after
they were served copies of the petition. The Court agrees with the heirs, finding support in the record,
particularly in the following statement of appellant in his brief:
“This petition was originally set for hearing on December 8, 1956, but was postponed to January 14, 1957, due to lack of notice
to the respondents. Upon motion for postponements of respondents, now defendants-appellees, the hearing of January 14,
1957 was postponed to May 16, 1957. The hearing set for May 16, 1957 was again postponed upon motion of the respondents
to July 12, 1957.”
3. Propriety of dismissal of Prieto’s complaint on the ground of res judicata.

 Prieto’s contention that the causes of action in the two suits are different is untenable.
 Both are based on the alleged nullity of Special Proceedings No. 900; in both, Prieto prays the order
of correction of the title of appellees be set aside. The fact that in the complaint in the instant case
there is an express prayer for reconveyance of some 157 square meters of land, taken from appellant
as a result of such correction of title, has no significance. For that area would necessarily have
reverted to appellant had his first petition prospered. The claim for damages and other additional and
alternative reliefs in the present case are not materially different from his prayer for "such other
remedies, just and equitable in the premises" contained in the former one.
 There being identity of parties, subject matter and cause of action between the two cases, the order
of dismissal issued in the first constitutes a bar to the institution of the second.
The appealed order is affirmed, with costs against appellant.

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18 - Prieto v.

Arroyo, 14 SCRA 549 (1965)

3. Propriety of dismissal of Prieto’s complaint on the ground of res judicata.

The appealed order is affirmed, with costs against appellant.

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