GR 78115; (March, 1993) (Digest)
G.R. No. 78115 March 5, 1993
DOMINGA REGIDOR, FAUSTA REGIDOR, ALEJANDRO REGIDOR, LEONARDA REGIDOR, APOLINARIA REGIDOR, CECILIA REGIDOR, EUGENIO REGIDOR and BERNARDINO REGIDOR, petitioners, vs. HONORABLE COURT OF APPEALS, FILOMENO ALEGARBES, CRISANTA ALEGARBES BELLEZA, JESUS ALEGARBES, PRISCA A. DAYONDON, and PROVINCIAL SHERIFF OF RTC, BRANCH XXVI, respondents.
FACTS
Private respondents filed a complaint for recovery of ownership and possession of Lot No. 2109, covered by Free Patent No. 502692 and OCT No. 0-7093 in the name of Manuel Regidor, against him before the Court of First Instance of Cebu. The trial court rendered judgment in favor of private respondents, ordering the cancellation of the title, reconveyance of the lot, and payment of damages and attorney’s fees. Petitioners (the wife and children of Manuel Regidor) appealed to the Court of Appeals, but the appeal was dismissed for failure to pay the required docket fee. After private respondents secured a writ of execution, petitioners filed a petition for annulment of the trial court’s decision before the Court of Appeals, raising grounds of lack of jurisdiction, lack of personality of private respondents to sue, deprivation of due process, and that the land was conjugal property. The Court of Appeals dismissed the petition for annulment. Petitioners’ motion for reconsideration was denied.
ISSUE
Whether the trial court had jurisdiction and authority to cancel a free patent title and order reconveyance at the instance of a private individual.
RULING
The Supreme Court DENIED the petition and AFFIRMED the decision of the Court of Appeals, subject to modification. The Court held that a trial court has jurisdiction to order the reconveyance of land. Citing settled jurisprudence, the Court ruled that the true owner may bring an action to have ownership judicially determined, and the court may direct the registered owner to reconvey the land to the true owner. However, the trial court erred in ordering the cancellation of the free patent and original certificate of title. The jurisdiction of trial courts is solely to order reconveyance. Therefore, the order for cancellation of the free patent and original certificate of title was deleted. The other issues raised by petitioners regarding the action for reconveyance being filed after more than four years and negligence of counsel were disregarded, as a judgment can be annulled only on grounds of being void for want of jurisdiction or lack of due process, or having been obtained by fraud.