GR 202661; (March, 2021) (Digest)

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⚖️ CASE INTELLIGENCE

📌 CORE DOCTRINE

“that Felomino had no cause of action, was not the real party-in-interest, and that the action had prescribed, as the OCT was issued in 1994 and the complaint was filed more than ten years later.”

💡 PLAIN ENGLISH SUMMARY

VERIFIED AI SNAPSHOT FOR ARMZTRONG.ORG

G.R. No. 202661 , March 17, 2021
LETICIA A. RAMIREZ, PETITIONER, VS. FELOMINO ELOMINA, REPRESENTED BY HIS ATTORNEY-IN-FACT, FEDERICO ELOMINA, RESPONDENT.

FACTS

Petitioner Leticia Ramirez was issued Original Certificate of Title (OCT) No. P-4884 on May 11, 1994, pursuant to a Free Patent granted over Lot No. 922 in Cabuyao, Laguna. Respondent Felomino Elomina filed a letter-protest with the Bureau of Lands in July 2000, claiming he and his family had been in possession of the land since the time of his father, Felix Elomina, and that Ramirez’s patent application contained misrepresentations. The Department of Environment and Natural Resources (DENR) investigated, found the Elomina family in possession, and subsequently cancelled Ramirez’s free patent. On December 12, 2005, Felomino filed a complaint for reconveyance of title and damages against Ramirez. The Regional Trial Court (RTC) dismissed the complaint, ruling that Felomino had no cause of action, was not the real party-in-interest, and that the action had prescribed, as the OCT was issued in 1994 and the complaint was filed more than ten years later. The Court of Appeals reversed the RTC, declaring Felomino the lawful owner and ordering Ramirez to reconvey the property, holding that an action for reconveyance based on fraud is imprescriptible when the plaintiff is in possession. Ramirez filed a Motion for Reconsideration with the Court of Appeals 17 days after receiving its Decision. The Court of Appeals denied the motion for having been filed out of time, as the reglementary period under Rule 43 of the Rules of Court is 15 days, and ordered the issuance of an Entry of Judgment. Ramirez then filed the instant Petition for Certiorari.

ISSUE

Whether the Court of Appeals committed grave abuse of discretion in denying Ramirez’s Motion for Reconsideration for being filed out of time and in ordering the issuance of an Entry of Judgment.

RULING

The Supreme Court dismissed the petition. The Court held that the Court of Appeals did not commit grave abuse of discretion. A petition for certiorari under Rule 65 is not a substitute for a lost appeal. The reglementary period to appeal a decision of the Court of Appeals under Rule 43 of the Rules of Court is 15 days from notice of the decision. Ramirez received the Court of Appeals Decision on October 17, 2011, and filed her Motion for Reconsideration on November 3, 2011, which was two days beyond the 15-day period. The Court of Appeals correctly denied the motion for late filing. Consequently, its Decision became final and executory, and the issuance of the Entry of Judgment was proper. The Court emphasized that certiorari is not available where the error subject of the petition is one of judgment, not jurisdiction, and the proper remedy of appeal was lost through Ramirez’s own negligence.

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