Civil Procedure Case Digest (Cansino vs. CA)

G.R. No. 125799.
August 21, 2003
DANILO CANSINO AND LINDA DE JESUS, Petitioners, v. COURT OF

APPEALS, HON. JUDGE, RTC OF KALOOCAN CITY, BR. 120 AND
SPS. FRANCISCO E. CASTRO and ROSARIO B. CASTRO and,CESAR
L. CRUZ, SHERIFF IV, RTC KALOOKAN CITY, BR. 120, respondents.
NATURE: Petition for Review on Certiorari
FACTS:
Sps. Francisco and Rosario Castro filed a complaint for unlawful

detainer against Danilo Cansino, Linda de Jesus and Elena Mesa
before the MeTC. Sps Castro alleged that Cansino et al, "by strategy
and stealth unlawfully constructed their respective houses inside
Castro’s parcel of land." In their answer with counterclaim,
petitioners Cansino and de Jesus averred that their possession was
"premised upon the honest belief that the lot they were and are still
occupying was a public land;" that they "had been in possession of
the subject premises ever since 1977"
The MeTC took cognizance of the case and treated the complaint as
one for ejectment under the Rules on Summary Procedure. MeTC
dismissed the complaint holding that in an ejectment case, the
Castro has the burden of proving prior physical possession of the
property. Castro failed to discharge the burden.
On appeal, RTC affirmed in toto MeTC’s decision. Sps Castro were

not able to present evidence of their actual possession of the
property prior to that of petitioners, while the latter were able to
prove their possession of the property since 1977.
Sps Castro filed MFR where they appended more documentary

evidence. RTC reversed its previous decision. It ruled that Castros
were able to prove ownership and possession of their predecessors-
in- interest, which dated back to 1964, way before the 1977
possession of Cansino et al. Moreover, it rejected the claim of
petitioners that the subject land is public property since it has been
proven that the lot is titled and the title has been transferred to
respondents on January 29, 1993. The title being incontrovertible
after a year, petitioners can no longer assail it. The court considered
petitioners as intruders or squatters on the subject lot.
Cansino filed a petition for review with CA. CA affirmed RTC ruling.
It held that Cansino et al were unable to substantiate their
possession of the property. With regard to the action taken by the
RTC in considering the documentary evidence attached only in the
MFR, the appellate court ruled that under Sec. 5, Rule 135 of ROC,
the RTC has the inherent power to amend and control its process
and orders so as to make them conformable to law and justice.
ISSUE/S:
1. Whether or not Rule 135 Sec. 5 ROC is applicable in a MFR where

documents in the MFR are not to be considered as evidence to prove
supervening events
2. Whether or not Sps Castro have a clear right to posses land in
question
RULING:
1. NO
Courts have the inherent power to amend their decisions to make

them conformable to law and justice. This prerogative, however, is
not absolute. The rules do not contemplate amendments that are
substantial in nature. They merely cover formal changes or such
that will not affect the crux of the decision, like the correction of
typographical or clerical errors. Courts will violate due process if
they make substantial amendments in their decisions without
affording the other party the right to contest the new evidence
presented in a motion for reconsideration.
Re Rule 37
Under Rule 37 of the Rules of Court, a party may file MFR on the
ground, among others, that "… the evidence is insufficient to justify the
decision or final order, or the decision or final order is contrary to
law." It requires the motion to point out specifically the findings or
conclusions of the judgment or final order which are not supported by
the evidence or which are contrary to law, making specific reference to
the testimonial or documentary evidence presented or to the
provisions of law alleged to be violated.
It is implicitly clear from Rule 37 that MFR cannot be used as a

vehicle to introduce new evidence. Cansino et al correctly contend
that if Castros wanted to present further evidence, they should have
filed a motion for new trial based on newly discovered evidence.
However, for newly discovered evidence to warrant a new trial, (a) it
must have been discovered after trial, (b) it could not have been
discovered or produced at the trial despite reasonable diligence, (c)
it must be material and not merely collateral, cumulative,
corroborative or purely for impeaching a witness, merely important
evidence being not enough, and (d) if presented, would probably
alter the result of the action.
In this case, the Castros attached for the first time in their MFR,
evidence to prove their ownership over the parcel of land subject
matter of this controversy. This is error. For one, possession is the
only issue in a case for unlawful detainer. More importantly, there
is no justification for the delay in presenting said evidence. We note
that although it was Sps Castro who filed an appeal to the RTC,
they failed to submit their memo as required by the said court. It
was only after RTC rendered an unfavorable decision that Sps
Castro filed MFR and appended their new evidence. Piecemeal
presentation of evidence is not in accord with orderly justice.
2. NO
It is fundamental that complainants in an ejectment case must

allege and prove that they had prior physical possession of the
property before they were unlawfully deprived thereof by
defendants. Sps Castro, being the complainants before the lower
court, had the burden of proving their claim of prior possession.
They failed to prove their claim, as can be gleaned from the totality
of evidence:
The titles presented do not necessarily prove their right to

possession esp since there’s a separate case for the investigation of
the true status of the land. The contract to sell and the location
plan do not prove possession.
Lastly, The failure of respondents to present the tax receipts

covering the years before 1988 and between 1988 and 1993,
despite the claim that they and their predecessors-in-interest had
possession over the property during these years, creates doubt as to
the validity of their claim of prior possession.
This case is an ejectment case where the only issue is prior

possession of the lot. Any controversy with regard to ownership
should be ventilated in a separate action.
Disposition CA decision REVERSED.

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G.R. No. 125799.

August 21, 2003

DANILO CANSINO AND LINDA DE JESUS, Petitioners, v. COURT OF

NATURE: Petition for Review on Certiorari

Sps. Francisco and Rosario Castro filed a complaint for unlawful

On appeal, RTC affirmed in toto MeTC’s decision. Sps Castro were

Sps Castro filed MFR where they appended more documentary

1. Whether or not Rule 135 Sec. 5 ROC is applicable in a MFR where

Courts have the inherent power to amend their decisions to make

It is implicitly clear from Rule 37 that MFR cannot be used as a

It is fundamental that complainants in an ejectment case must

The titles presented do not necessarily prove their right to

Lastly, The failure of respondents to present the tax receipts

This case is an ejectment case where the only issue is prior

Disposition CA decision REVERSED.

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