GR No. 185758 (2011) - Kent v. Micarez

LINDA M.
CHAN KENT, represented by ROSITA MANALANG,

v.
DIONESIO C. MICAREZ, SPOUSES ALVARO E. MICAREZ & PAZ
MICAREZ, and THE REGISTRY OF DEEDS, DAVAO DEL NORTE
G.R. No. 185758 March 9, 2011

PONENTE: MENDOZA, J.:
FACTS :
This petition draws its origin from a complaint for recovery of

real property and annulment of title filed by petitioner, through her
younger sister and authorized representative, Rosita Micarez-
Manalang (Manalang),before the RTC. Petitioner is of Filipino
descent who became a naturalized American citizen after marrying
an American national in 1981. She is now a permanent resident of
the United States of America (USA).In her complaint, petitioner
claimed that the residential lot in Panabo City, which she purchased
in 1982, was clandestinely and fraudulently conveyed and transferred
by her parents, respondent spouses Alvaro and Paz
Micarez (Spouses Micarez), in favor of her youngest brother,
respondent Dionesio Micarez (Dionesio), to her prejudice and
detriment. She alleged that sometime in 1982, she asked her parents
to look for a residential lot somewhere in Poblacion Panabo where
the Spouses Micarez would build their new home.
Aware that there would be difficulty in registering a real property

in her name, she being married to an American citizen, she arranged
to pay for the purchase price of the residential lot and register it, in
the meantime, in the names of Spouses Micarez under an implied
trust. The title thereto shall be transferred in her name in due
time.Thus, on October 20, 1982, a deed of absolute sale was
executed between Spouses Micarez and the owner, Abundio
Panganiban, for the 328 square meter residential lot covered by
Transfer Certificate of Title (TCT) No. T-25833. Petitioner sent the
money which was used for the payment of the lot. TCT No. T-25833
was cancelled upon the registration of the deed of sale before the
Registry of Deeds of Davao del Norte. In lieu thereof, TCT No. T-
38635 was issued in the names of Spouses Micarez on January 31,
1983.Sometime in 2005, she learned from Manalang that Spouses
Micarez sold the subject lot to Dionesio on November 22, 2001 and
that consequently, TCT T-172286 was issued in her brother’s name
on January 21, 2002.At the end, petitioner prayed that she be
declared as the true and real owner of the subject lot; that TCT No. T-
172286 be cancelled; and that a new one be issued in her name.
After the parties had filed their respective pre-trial briefs, and
the issues in the case had been joined, the RTC explored the
possibility of an amicable settlement among the parties by ordering
the referral of the case to the Philippine Mediation Center (PMC). On
March 1, 2008, Mediator Esmeraldo O. Padao, Sr. (Padao) issued a
Mediator’s Report6 and returned Civil Case No. 13-2007 to the RTC
allegedly due to the non-appearance of the respondents on the
scheduled conferences before him. Acting on said Report, the RTC
issued an order on May 29, 2009 allowing petitioner to present her
evidence ex parte.7Later, Padao clarified, through a
8
Manifestation, dated July 15, 2008, that it was petitioner,
represented by Atty. Benjamin Utulle (Atty. Utulle), who did not attend
the mediation proceedings set on March 1, 2008, and not Atty.
Miguel, counsel for the respondents and their authorized
representative. Padao explained that Atty. Miguel inadvertently
affixed his signature for attendance purposes on the column provided
for the plaintiff’s counsel in the mediator’s report. In light of this
development, the RTC issued the assailed Order9 dated July 17,
2008 dismissing Civil Case No. 13-2007. The pertinent portion of said
order reads:
Being so, the Order dated May 29, 2008 is hereby corrected.
For plaintiff’s and her counsel’s failure to appear during the mediation
proceeding, this instant case is hereby ordered DISMISSED.
ISSUE :
Whether or not the RTC erred in dismissing Civil Case No. 13-
2007 due to the failure of petitioner’s duly authorized representative,
Manalang, and her counsel to attend the mediation proceedings
under the provisions of A.M. No. 01-10-5-SC-PHILJA and 1997 Rules
on Civil Procedure.
RULING:
In the interest of justice, the Court grants the petition.
A.M. No. 01-10-5-SC-PHILJA dated October 16, 2001,

otherwise known as the Second Revised Guidelines for the
Implementation of Mediation Proceedings, was issued pursuant to
par. (5), Section 5, Article VII of the 1987 Constitution mandating this
Court to promulgate rules providing for a simplified and inexpensive
procedure for the speedy disposition of cases. Also, Section 2(a),
Rule 18 of the 1997 Rules of Civil Procedure, as amended, requires
the courts to consider the possibility of an amicable settlement or of
submission to alternative modes of resolution for the early settlement
of disputes so as to put an end to litigations. The provisions of A.M.
No. 01-10-5-SC-PHILJA pertinent to the case at bench are as follows:
9. Personal appearance/Proper authorizations
Individual parties are encouraged to personally appear for mediation.
In the event they cannot attend, their representatives must be fully
authorized to appear, negotiate and enter into a compromise by a
Special Power of Attorney. A corporation shall, by board resolution,
fully authorize its representative to appear, negotiate and enter into a
compromise agreement.
The Court finds it just and proper that petitioner be allowed to

present her cause of action during trial on the merits to obviate
jeopardizing substantive justice. Verily, the better and more prudent
course of action in a judicial proceeding is to hear both sides and
decide the case on the merits instead of disposing the case by
technicalities. What should guide judicial action is the principle that a
party-litigant is to be given the fullest opportunity to establish the
merits of his complaint or defense rather than for him to lose life,
liberty or property on technicalities.19 The ends of justice and fairness
would best be served if the issues involved in the case are threshed
out in a full-blown trial. Trial courts are reminded to exert efforts to
resolve the matters before them on the merits and to adjudge them
accordingly to the satisfaction of the parties, lest in hastening the
proceedings, they further delay the resolution of the cases.

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LINDA M.

CHAN KENT, represented by ROSITA MANALANG,

G.R. No. 185758 March 9, 2011

This petition draws its origin from a complaint for recovery of

Aware that there would be difficulty in registering a real property

In the interest of justice, the Court grants the petition.

A.M. No. 01-10-5-SC-PHILJA dated October 16, 2001,

The Court finds it just and proper that petitioner be allowed to

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