Today is Wednesday, October 09, 2019

Republic of the Philippines

SUPREME COURT
Manila

FIRST DIVISION

G.R. No. 184079 April 17, 2013

SPS. ARMANDO SILVERIO, SR. AND REMEDIOS SILVERIO, Petitioners,

vs.
SPS. RICARDO AND EVELYN MARCELO, Respondents.

x-----------------------x

G.R. No. 184490

SPS. EVELYN AND RICARDO MARCELO, Petitioners,

vs.
SPS. ARMANDO SILVERIO, SR. AND REMEDIOS SILVERIO, Respondents.

DECISION

VILLARAMA, JR., J.:

Before the Court are twin petitions for review on certiorari under Rule 45 of the 1997 Rules of Civil Procedure, as amended.

The petition1 in G.R. No. 184079 was filed by petitioners spouses Armando Silverio, Sr. and Remedios Silverio to assail the
Decision2 dated March 18, 2008 and Resolution3 dated August 12, 2008 of the Court of Appeals (CA) in CA-G.R. SP No.
98105. The CA had affirmed the Decision4 dated November 7, 2006 of the Regional Trial Court (RTC) of Parañaque City,
Branch 258, in Civil Case No. 06-0099, which in turn, affirmed the Decision5 dated September 6, 2005 of the Metropolitan
Trial Court (MeTC), Branch 78 in Civil Case No. 2004-271. The Parañaque MeTC, Branch 78, had ordered petitioners to
demolish the improvements they have introduced in Lot No. 3976, Parañaque Cad. 299 (Lot 3976), to peacefully surrender
possession of the same to respondents spouses Ricardo and Evelyn Marcelo and to pay ₱1,000 per month from May 20,
2004 until they have done so. The court a quo likewise directed petitioners to pay respondents ₱20,000 as attorney’s fees
plus ₱3,000 per appearance of the latter’s counsel and costs.
Meanwhile, the petition6 in G.R. No. 184490 was filed by petitioners spouses Evelyn and Ricardo Marcelo to contest the
Decision7 dated March 27, 2008 and Resolution8 dated September 1, 2008 of the CA in CA-G.R. SP No. 98713. The CA
had reversed and set aside the Decision9 dated December 29, 2006 of the RTC of Parañaque City, Branch 257, in Civil Case

No. 06-0237, which in turn, affirmed in toto the Decision10 dated April 25, 2006 of the MeTC of Parañaque City, Branch 77,
in Civil Case No. 2004-269. The Parañaque MeTC, Branch 77, had ordered respondents Armando Silverio, Sr. and
Remedios Silverio to vacate the Marcelo Compound in Lot 3976 and to surrender possession thereof to petitioners. The
court a quo likewise directed respondents to pay petitioners ₱1,000 per month from May 20, 2004 until they have
completely moved out of said property, ₱10,000 as attorney’s fees and costs.

The factual antecedents of these consolidated petitions are culled from the records.

G.R. No. 184079

On July 12, 2004, respondents spouses Ricardo and Evelyn Marcelo filed a Complaint11 for unlawful detainer against
petitioners spouses Armando Silverio, Sr., and his mother, Remedios Silverio. The case was docketed as Civil Case No.
2004-271 before the MeTC of Parañaque City, Branch 78.

Respondents represented themselves as the lawful owners and possessors of Lot 3976, a residential land with an area of
5,004 square meters located in Marcelo Compound, Philip St. Ext., Multinational Village, Parañaque City. They claimed
ownership over said lot by virtue of a Decision12 dated December 12, 1996 of the Department of Environment and Natural
Resources (DENR) in DENR-NCR Case No. 95-253 and Tax Declaration No. E-008-19942.13

Respondents alleged that sometime in May 1987, petitioners sought permission to construct a house within Lot 3976.
Respondents agreed on the condition that petitioners will vacate the moment they need the land. Subsequently, respondents
made an oral demand on petitioners to leave the house and return possession of the lot within 15 days from notice. In a
Letter14 dated May 18, 2004, respondents reiterated their demand for petitioners to demolish the house, vacate the 120-
square-meter lot on which the house stands and to pay ₱1,000 as rent until they have done so.

As respondents’ demands remained unheeded, they filed a complaint for unlawful detainer against petitioners before
Barangay Moonwalk in Parañaque City. The case was docketed as Barangay Case No. 05/04-051. On July 24, 2004, Atty.
Wendell E. Coronel, Lupon/Pangkat Secretary of Barangay Moonwalk issued a Certification to File Action15 in said case
upon the reasons "Failed or refused to accept/obey summons to appear for hearing" and "Settlement has been repudiated."

In their Answer,16 petitioners sought the dismissal of the complaint on the ground that respondents had filed a similar case
against them before the MeTC of Parañaque City, Branch 77, docketed as Civil Case No. 2004-269. The latter case is the
subject of the petition in G.R. No. 184490.

On September 6, 2005, the MeTC of Parañaque City, Branch 78, rendered judgment in favor of respondents Marcelo. The
court a quo ruled out forum shopping upon finding that the house subject of the present case is different from that in Civil
Case No. 2004-269. The structure involved in the latter case was "originally occupied by petitioners’ relative and later taken
over by them"17 while the house subject of the present case was constructed by petitioners themselves. The MeTC held that
petitioners failed to refute the character of their possession as merely tolerated by respondents and they became deforciants
upon the latter’s demand for them to vacate the subject premises. The court ordered petitioners to pay respondents ₱1,000 as
reasonable compensation for the use and occupation of the premises, attorney’s fees of ₱20,000 and ₱3,000 per appearance
of counsel for respondents.

On appeal, the Parañaque RTC, Branch 258, affirmed the ruling of the MeTC. In a Decision dated November 7, 2006, the
RTC sustained respondents’ right to bring action to evict petitioners from the contested property. It found petitioners’ claim
of ownership unsubstantiated and their defense of forum shopping without merit since the properties involved in Civil Case
Nos. 2004-269 and 2004-271 are different from each other.

Petitioners moved for reconsideration but their motion was denied in an Order18 dated February 5, 2007. Thereafter,
petitioners filed a Petition for Review19 under Rule 42 of the Rules with the CA.

In the assailed Decision dated March 18, 2008, the appellate court affirmed in toto the RTC judgment. It found no basis to
dismiss respondents’ complaint based on either forum shopping or splitting a cause of action. The CA disregarded
petitioners’ argument that the subject property is public land in view of their admission in their Answer20 that respondents
are the owners and possessors thereof.

Petitioners filed a Motion for Reconsideration21 which the CA denied in a Resolution22 dated August 12, 2008.

G.R. No. 184490

On July 12, 2004, petitioners spouses Ricardo and Evelyn Marcelo filed a Complaint23 for unlawful detainer against
respondents Armando Silverio, Sr., and Remedios Silverio. The case was docketed as Civil Case No. 2004-269 before the
MeTC of Parañaque City, Branch 77.

Petitioners’ Complaint bore essentially the same allegations as their Complaint in Civil Case No. 2004-271 save for two
allegations: (1) respondents requested petitioners’ permission to construct a house in Lot 3976 in May 1986; and (2)
respondents "improved the house and even operated a sari-sari store"24 in Marcelo Compound.

In their Answer25 dated August 3, 2004, respondents belied petitioners’ claim of exclusive ownership and possession of the
subject property. According to respondents, the land in dispute was first occupied by Graciano Marcelo along with his sons
Armando Marcelo, petitioner Ricardo Marcelo and Florante Marcelo. Respondents anchor their right of possession on
Florante Marcelo, in his capacity as an ostensible co-owner of the contested property. Florante Marcelo is the husband of
Marilou Silverio, the daughter of respondents spouses Silverio.

Subsequently, petitioners submitted an Amended Complaint26 dated August 14, 2004, in which they clarified that it was the
spouses Florante Marcelo and Marilou Silverio, and not the respondents, who sought their consent to build a house and live
in Marcelo Compound. Petitioners recounted that it was after Florante Marcelo and Marilou Silverio separated in 1998 and
abandoned said house that respondents asked for permission to stay therein. Petitioners agreed upon an understanding that
respondents shall "dismantle said house the moment petitioners need the premises."27 However, respondents refused to move
out and surrender possession of the subject property upon demand.

In a Demand Letter28 dated May 18, 2004, petitioners insisted on their demand for respondents to demolish the house they
built, vacate the 80-square-meter lot on which it stands, to surrender peaceful possession of the same and to pay ₱1,000 as
rent until they have done so.
As respondents ignored petitioners’ demands, the latter brought a complaint for unlawful detainer against respondents before
Barangay Moonwalk in Parañaque City. The case was docketed as Barangay Case No. 05/04-070. On July 24, 2004, Atty.
Wendell E. Coronel, Lupon/Pangkat Secretary of Barangay Moonwalk issued a Certification to File Action29 in said case
upon the reasons "Failed or refused to accept/obey summons to appear for hearing" and "Settlement has been repudiated."

In an Answer30 dated September 8, 2004, respondents assailed the DENR Decision dated December 12, 1996 for supposedly
awarding ownership of the subject property to petitioners. According to respondents, Graciano Marcelo, Sr., petitioner
Ricardo Marcelo’s father, was a tenant of Fabian Lumbos before the latter sold his land to Mike Velarde. Subsequently,
Velarde fenced the subject property, which respondents insist is not part of the parcels that Lumbos sold to Velarde. Upon
the belief that Lot 3976 is still government property, the sons of Graciano Marcelo, Sr., including petitioner Ricardo
Marcelo and Florante Marcelo, divided the land among themselves and occupied the same. On the tract allotted to Florante,
he took in respondent Remedios Silverio to live with him and his wife, Marilou.

Respondents averred that it was in 1997 when the Marcelos conceived the idea of applying for a sales patent over Lot 3976
with the DENR. The Marcelo siblings appointed petitioner Ricardo Marcelo to file the Miscellaneous Sales Application
(MSA) in their behalf, sharing the expenses among themselves. However, it was not until later that the Marcelo siblings
learned that Ricardo had filed the application in his name alone. Respondents revealed that Ricardo had sold several portions
of Lot 3976 even before he could apply for a sales patent thereon.

On February 3, 2005, respondents filed a Supplemental Answer31 in which they charged petitioners with forum shopping for
filing another ejectment case against them, docketed as Civil Case No. 2004-271 before Branch 78 of the Parañaque MeTC.

In a Decision dated April 25, 2006, the MeTC of Parañaque City, Branch 77, ruled for petitioners Marcelo. The court a quo
ordered respondents to vacate the subject property, to surrender peaceful possession thereof to petitioners, to give reasonable
rent from May 20, 2004 until they have moved out and to pay attorney’s fees and costs.

On the basis of the Decision dated December 12, 1996 of the DENR, the MeTC declared petitioners the owners of the
subject property, with concomitant right to possess it. The court found no evidence to support respondents’ possessory claim
and considered their occupation of the subject land as merely tolerated by petitioners. The court a quo discounted forum
shopping upon finding that the house concerned in Civil Case No. 2004-271 was built by petitioners whereas the house in
this case was only taken over by them.

In a Decision dated December 29, 2006, the Parañaque RTC, Branch 257, affirmed in toto the MeTC ruling. The RTC
declared petitioners as the lawful possessors of the subject property by virtue of Tax Declaration No. E-008-19942 in the
name of petitioner Ricardo Marcelo.1âwphi1 It explained that Florante Marcelo’s affinity with petitioner Ricardo, alone, did
not automatically make him a co-owner of the contested property.

Dissatisfied, respondents elevated the case to the CA through a Petition32 for review under Rule 42.

In the assailed Decision dated March 27, 2008, the CA reversed and set aside the RTC judgment. It brushed aside the
alleged procedural infirmities that attended the filing of respondents’ petition for being trivial and insufficient to warrant its
dismissal. The appellate court found petitioners guilty of forum shopping and splitting of a cause of action. It observed that
the two cases for unlawful detainer filed by petitioners are based on a single claim of ownership over Lot 3976 which
embraces the subject properties. The CA explains that an adjudication in either suit that petitioners are entitled to the
possession of Lot No. 3976 would necessarily mean res judicata in the other case. The appellate court noted that the demand
letter in both cases was served on respondents on the same day.

Issues/Assignment of Errors

On September 29, 2008, spouses Armando Silverio, Sr. and Remedios Silverio filed a petition for review on certiorari which
was docketed as G.R. No. 184079. Said petition, which seeks to reverse and set aside the Decision dated March 18, 2008
and Resolution dated August 12, 2008 of the CA in CA-G.R. SP No. 98105, assigns a lone error:

THE COURT OF APPEALS, WITH ALL DUE RESPECT, SERIOUSLY ERRED AND GRAVELY ABUSED ITS
DISCRETION IN DISMISSING THE APPEAL INTERPOSED BY PETITIONERS IN THE ABOVE-ENTITLED CASE
ON TECHNICALITIES AND HAS DECIDED A QUESTION OF SUBSTANCE, NOT THERETOFORE DETERMINED
BY THE SUPREME COURT, AND/OR HAS DECIDED IT IN A WAY PROBABLY NOT IN ACCORD WITH LAW
OR WITH THE APPLICABLE DECISIONS OF THE HONORABLE SUPREME COURT.33

A few days later, on October 2, 2008, spouses Evelyn and Ricardo Marcelo filed a Petition for Review on Certiorari which
was docketed as G.R. No. 184490. Said petition, in turn, contests the Decision dated March 27, 2008 and the Resolution
dated September 1, 2008 of the CA in CA-G.R. SP No. 98713. Condensed, the issues presented by petitioners are as
follows: (1) Whether the filing of separate complaints for unlawful detainer against the same lessees who refuse to vacate,
on demand, two different houses constitutes forum shopping and splitting of a cause of action; (2) Whether the CA erred in
dismissing Civil Case No. 2004-269; and (3) Whether the instant petition was filed seasonably.

Essentially, the questions that must be addressed in the consolidated petitions before us are common: (1) Are the spouses
Ricardo and Evelyn Marcelo guilty of forum shopping? and (2) Who between the spouses Marcelo and the Silverios have
better right to the physical possession of Lot 3976?

The Parties’ Arguments

Armando Silverio, Sr. and Remedios Silverio allege mainly that spouses Ricardo and Evelyn Marcelo engaged in forum
shopping and split a common cause of action when they filed separate complaints for unlawful detainer based on a single
claim of ownership over Lot No. 3976. The Silverios maintain that the spouses Marcelo are simply applicants for the
issuance of a sales patent over Lot No. 3976 and are actually occupying only 50 square meters of the 5,020-square-meter
property. In support thereof, the Silverios invoke the Decision34 dated July 11, 2007 of the DENR which annulled and
canceled the MSA filed by the spouses Marcelo over Lot No. 3976. Ultimately, the Silverios insist that the subject property
remains a public land.

In their consolidated Memorandum35 for G.R. Nos. 184079 and 184490, spouses Ricardo and Evelyn Marcelo denied the
allegations of forum shopping and splitting a single cause of action. They assert the following distinctions between the
houses involved in Civil Case Nos. 2004-269 and 2004-271: (1) the house in Civil Case No. 2004-271 was built by the
Silverios in May 1987 while the house subject of Civil Case No. 2004-269 was constructed by Florante Marcelo and
Marilou Silverio in May 1986; and (2) the house in Civil Case No. 2004-271 has been occupied by the Silverios from the
beginning while they merely took over the house referred to in Civil Case No. 2004-269 and put up a sari-sari store therein.
The spouses Marcelo contend that while they claim ownership of Lot No. 3976 as a whole, the portions thereof on which the
two houses stand are distinct -- one has an area of 80 square meters while the other measures 120 square meters. In view of
this, the spouses Marcelo believe that the refusal by the Silverios to vacate said houses violated at least two rights and gave
rise to separate causes of action.

The Court's Ruling

Unlawful detainer is an action to recover possession of real property from one who illegally withholds possession after the
expiration or termination of his right to hold possession under any contract, express or implied. The possession of the
defendant in unlawful detainer is originally legal but became illegal due to the expiration or termination of the right to
possess.36 In an unlawful detainer case, the sole issue for resolution is physical or material possession of the property
involved, independent of any claim of ownership by any of the parties. Where the issue of ownership is raised by any of the
parties, the courts may pass upon the same in order to determine who has the right to possess the property. The adjudication
is, however, merely provisional and would not bar or prejudice an action between the same parties involving title to the
property.37

Here, the spouses Ricardo and Evelyn Marcelo brought separate complaints for unlawful detainer against Armando Silverio,
Sr. and Remedios Silverio based on their refusal to vacate two houses inside the Marcelo Compound. In both Civil Case
Nos. 2004-26938 and 2004-271, the spouses Marcelo anchor their right of possession over the subject properties on Tax
Declaration No. E-008-19942 and on the Decision dated December 12, 1996 of the DENR in DENR-NCR Case No. 95-253.
The DENR gave due course to the MSA filed by the spouses Marcelo over Lot 3976, where the Marcelo Compound is
situated.

For their part, the Silverios seek the dismissal of both complaints on the grounds of forum shopping and splitting a single
cause of action.

Forum shopping is a deplorable practice of litigants consisting of resort to two different fora for the purpose of obtaining the
same relief, to increase the chances of obtaining a favorable judgment.39 The grave evil sought to be avoided by the rule
against forum shopping is the rendition by two competent tribunals of two separate and contradictory decisions.40

In Chua v. Metropolitan Bank & Trust Company,41 the Court enumerated the ways by which forum shopping may be
committed:

Forum shopping can be committed in three ways: (1) filing multiple cases based on the same cause of action and with the
same prayer, the previous case not having been resolved yet (where the ground for dismissal is litis pendentia); (2) filing
multiple cases based on the same cause of action and the same prayer, the previous case having been finally resolved (where
the ground for dismissal is res judicata); and (3) filing multiple cases based on the same cause of action, but with different
prayers (splitting of causes of action, where the ground for dismissal is also either litis pendentia or res judicata).42

Common to these types of forum shopping is the identity of the cause of action in the different cases filed. Cause of action is
defined as "the act or omission by which a party violates the right of another."43

In this case, the spouses Marcelo filed two cases for unlawful detainer against Armando Silverio, Sr. and Remedios Silverio
on July 12, 2004. In Civil Case No. 2004-269, the cause of action is the alleged unlawful withholding of possession by the
Silverios of the house which Florante Marcelo and Marilou Silverio constructed in Lot 3976. On the other hand, the cause of
action in Civil Case No. 2004-271 for unlawful detainer is the supposed unlawful withholding of possession by the Silverios
of the house which they, themselves, built in Lot 3976. While the main relief sought in Civil Case No. 2004-269 appears to
be different from that in Civil Case No. 2004-271, the right on which both claims are hinged is the same – the purported
ownership by the spouses Marcelo of Lot 3976. Indeed, paragraph 3 of the spouses Marcelo’s Complaint in both cases
similarly read:

3. Plaintiffs are the lawful owners and possessors of a residential lot containing an area of 5,004 sq. m. known as Lot 3976
Parañaque Cad. 299 by virtue of a final and executory decision of the Land Management Bureau (DENR) promulgated on
Dec. 12, 1996 and Tax Dec. No. E-008083-77 issued in their name by the City Assessor of Parañaque City. Certified true
copy of Tax Dec. No. E-008-19942 is hereto attached as "Annex "A". 44

Basically, the cause of action in both cases is the unlawful withholding by the Silverios of Lot 3976.

We find no merit in the contention of the spouses Marcelo that Civil Case Nos. 2004-269 and 2004-271 present distinct
causes of action since they pertain to separate portions of the Marcelo Compound. The analogy drawn by the spouses
Marcelo between the ejectment of a tenant leasing several units of a condominium project and the unlawful detainer cases
they brought against the Silverios is misplaced. In the former, there exists a lessor-lessee relationship between the owner of
the condominium and the tenant, respectively. Hence, the rights and duties of the condominium owner and the tenant are
defined by the terms of the contract. In contrast, the parties in this case present adverse possessory claims over those
portions of Lot 3976 in which the houses concerned are situated.

In particular, the spouses Marcelo assert better right of possession based on their alleged right as "lawful owners and
possessors of a residential lot containing an area of 5,004 sq. m. known as Lot 3976 Parañaque Cad. 299 by virtue of a final
and executory decision of the Land Management Bureau (DENR) promulgated on Dec. 12, 1996 and Tax Dec. No. E-008-
083-77 issued in their name by the City Assessor of Parañaque."45 For their part, the Silverios claim better right of
possession on account of their actual occupation of the subject properties. In either case, a finding that the spouses Marcelo
have better right to possess the subject property could only be premised on their lawful possession of the entire Lot No.
3976, Parañaque Cad. 299. It follows, therefore, that a final adjudication in favor of the spouses Marcelo in one case would
constitute res judicata in the other.

In Agustin v. Delos Santos,46 the Court cited three tests to verify whether there is identity of causes of action for purposes of
applying the principle of res judicata. The first test is the "absence of inconsistency test" where it is determined whether the
judgment sought will be inconsistent with the prior judgment. If no inconsistency is shown, the prior judgment shall not
constitute a bar to subsequent actions.47 The more common approach in ascertaining identity of causes of action is the "same
evidence test," whereby the following question serves as a sufficient criterion: "would the same evidence support and
establish both the present and former causes of action?" If the answer is in the affirmative, then the prior judgment is a bar to
the subsequent action; conversely, it is not.48 Aside from the "absence of inconsistency test" and "same evidence test," we
have also ruled that a previous judgment operates as a bar to a subsequent one when it had touched on a matter already
decided, or if the parties are in effect "litigating for the same thing."49

The "absence of inconsistency test" finds no application in this case since it presupposes that a final judgment has been
rendered in the first case. By applying the "same evidence test," however, it becomes apparent that the proof necessary to
obtain affirmative relief in Civil Case No. 2004-269 is the same as that in Civil Case No. 2004-271. Since the spouses
Marcelo are claiming sole ownership of Lot 3976 in their MSA, the evidence needed to establish better right of possession
over the house constructed by Florante Marcelo and Marilou Silverio, and the one built by the Silverios is the same,
regardless of the fact that they were built on separate portions of said lot. We have ruled time and again that "a party cannot,
by varying the form of action, or adopting a different method of presenting his case, escape the operation of the principle
that one and the same cause of action shall not be twice litigated."50
Evidently, the spouses Marcelo engaged in forum shopping by filing separate cases for unlawful detainer based on a single
claim of ownership over Lot 3976. Said act is likewise tantamount to splitting a cause of action which, in this case, is a
cause for dismissal on the ground of litis pendentia. On this score alone, the petition for review on certiorari filed by the
spouses Marcelo in G.R. Nos. 184490 must fail, alongside their averments in G.R. No. 184079.

In any case, even if we confront the issue as to who between the spouses Marcelo and the Silverios have better right of
possession over the subject properties, the former would still not prevail.

As earlier stated, the DENR-NCR had canceled the MSA filed by the spouses Marcelo in its Decision51 dated July 11, 2007.
The Department found that the spouses Marcelo failed to satisfy the requirements for the acquisition of Lot 3976 under the
Public Land Act. The DENR-NCR clarified that the Decision dated December 12, 1996 gave due course to the application,
not only of the spouses Marcelo, but also those of other applicants. It gave weight to the findings in the ocular inspection
that the spouses Marcelo are actually occupying only 50 square meters of Lot 3976 while the remaining portions are
inhabited by 111 families. The DENR-NCR adds that the spouses Marcelo cannot claim the entire Lot No. 3976 since
Republic Act No. 73052 limits the area of land that may be applied for to 1,000 square meters.53 In conclusion, the DENR-
NCR held that Lot 3976 remains a public land and its dwellers may apply for the purchase of those portions that they are
actually occupying.

Factual considerations relating to lands of the public domain properly rest within the administrative competence of the
Director of Lands and the DENR. Findings of administrative agencies, which have acquired expertise because of their
jurisdiction, are confined to specific matters and are accorded respect, if not finality, by the courts. Even if they are not
binding to civil courts exercising jurisdiction over ejectment cases, such factual findings deserve great consideration and are
accorded much weight.54

Nonetheless, the declaration by the DENR-NCR that Lot 3976 is still part of the public domain does not mean that neither of
the parties is entitled to the possession of the subject properties. In Pajuyo v. Court of Appeals,55 we reiterated the policy
behind the summary action of forcible entry and unlawful detainer, thus:

It must be stated that the purpose of an action of forcible entry and detainer is that, regardless of the actual condition of the
title to the property, the party in peaceable quiet possession shall not be turned out by strong hand, violence or terror. In
affording this remedy of restitution the object of the statute is to prevent breaches of the peace and criminal disorder which
would ensue from the withdrawal of the remedy, and the reasonable hope such withdrawal would create that some
advantage must accrue to those persons who, believing themselves entitled to the possession of property, resort to force to
gain possession rather than to some appropriate action in the courts to assert their claims. This is the philosophy at the
foundation of all these actions of forcible entry and detainer which are designed to compel the party out of possession to
respect and resort to the law alone to obtain what he claims is his.56

The parties in Pajuyo were informal settlers on the public land which was the subject of said case. We ruled that since the
government, which has title or better right over the property was not impleaded in the case, the Court cannot, on its own,
evict the parties. We recognized better right of possession in favor of the petitioner therein who began occupying the
disputed property ahead of the respondents in said case.

A case with parallel factual milieu is Modesto v. Urbina.57 Like the spouses Marcelo, the respondents in said case relied on a
MSA and tax declarations to substantiate their claim of possession over the contested land therein. In ruling for the
petitioners in said case, the Court stressed that the mere declaration of land for taxation purposes does not constitute
possession thereof nor is it proof of ownership in the absence of the claimant’s actual possession.58 We explained that unless
a public land is shown to have been reclassified as alienable or actually alienated by the State to a private person, that piece
of land remains part of the public domain, and its occupation, in the concept of owner, no matter how long, cannot confer
ownership or possessory rights.59 This finds support in Section 88 of the Public Land Act, which provides:

Section 88. The tract or tracts of land reserved under the provisions of section eighty-three shall be non-alienable and shall
not be subject to occupation, entry, sale, lease, or other disposition until again declared alienable under the provisions of this
Act or by proclamation of the President.

In a Certification60 dated June 8, 2006, Samson G. de Leon, the Regional Technical Director for Lands of the DENR-NCR
stated that:

This is to certify that Lot 3976 Cad 299, Parañaque Cadastre situated at San Dionisio, Parañaque, Metro Manila, containing
an area of 5,027.00 square meters has been verified based on available records of this Office to be under Project No. 25,
classified as Alienable or Disposable Public Land, certified as such on 3 January 1968 per BFD L.C. Map No. 2323.

xxxx

This is to further certify that as per Certification dated 15 December 2005 issued by Records Officer II Anita B. Ibardolasa
which is hereto attached, no land patent has been issued over the same or any portion thereof.

x x x x. (Emphasis supplied.)

It is undisputed by the spouses Marcelo that the Silverios presently occupy those portions of Lot 3976 which are the subjects
of the consolidated petitions before us. In particular, the Silverios tie their possession of the parcel at issue in G.R. No.
184490 to Florante Marcelo who appropriated a portion of Lot 3976 for himself, and with his wife, constructed a house
thereon in 1986. As regards the portion of Lot 3976 subject of G.R. No. 184079, the Silverios have established their
dwelling thereon in 1987 - long after Lot 3976 was classified as alienable and disposable public land on January 3, 1968.

Meanwhile, the spouses Marcelo insist on their better right to possess the contested parcels as holders of Tax Declaration
No. E-008-19942 in the name of Ricardo Marcelo. Said tax declaration, which covers Lot 3976, was issued for the year
2005 and canceled Tax Declaration No. E-008-18821, also under the name of Ricardo Marcelo. Other than said tax
declaration, however, we found nothing in the records of these cases to show that the spouses Marcelo have been
consistently paying taxes on Lot 3976. We note that Tax Declaration No. E-008-19942 was issued fairly recently, and by
itself, is inadequate to convince the Court that the spouses Marcelo have been in open, continuous and exclusive possession
of the subject portions of Lot 3976, by themselves or through a successor-in-interest, since January 3, 1968. More
importantly, it is ingrained in our jurisprudence that the mere declaration of a land for taxation purposes does not constitute
possession thereof nor is it proof of ownership in the absence of the claimant's actual possession.61

Considering that the Silverios are in actual possession of the subject portions of Lot 3976, they are entitled to remain on the
property until a person who has a title or a better right lawfully ejects them. The ruling in this case, however, does not
preclude the Silverios and the spouses Marcelo from introducing evidence and presenting arguments before the proper
administrative agency to establish any right to which they may be entitled under the law.62

WHEREFORE, the Court RESOLVES:

 (1) To GRANT the petition in G.R. No. 184079. The Decision dated March 18, 2008 and Resolution dated
August 12, 2008 of the Court of Appeals in CA-G.R. SP No. 98105 are REVERSED and SET ASIDE;

(2) To DENY the petition in G.R. No. 184490. Consequently, the Decision dated March 27, 2008 and
Resolution dated September 1, 2008 of the Court of Appeals in CA-G.R SP No. 98713 are AFFIRMED; and

(3) To DISMISS the complaints for unlawful detainer filed by the spouses Ricardo and Evelyn Marcelo
against Armando Silverio, Sr. and Remedios Silverio for lack of merit.

No pronouncement as to costs.

SO ORDERED.

MARTIN S. VILLARAMA, JR.

Associate Justice

WE CONCUR:

MARIA LOURDES P. A. SERENO

Chief Justice
Chairperson

TERESITA J. LEONARDO-DE CASTRO LUCAS P. BERSAMIN

Associate Justice Associate Justice

BIENVENIDO L. REYES
Associate Justice

CERTIFICATION

Pursuant to Section 13, Article VIII of the Constitution, I certify that the conclusions in the above Decision had been
reached in consultation before the case was assigned to the writer of the opinion of the Court's Division.

MARIA LOURDES P. A. SERENO

Chief Justice

Footnotes
1
Rollo (G.R. No. 184079), pp. 18-49.
2
Id. at 53-66. Penned by Associate Justice Normandie B. Pizarro with Associate Justices Edgardo P. Cruz
and Fernanda Lampas Peralta concurring.
3
Id. at 67-68.
4
Id. at 111-113. Penned by Judge Raul E. De Leon.
5
Id. at 114-117. Penned by Executive Judge Jansen R. Rodriguez.
6
Rollo (G.R. No. 184490), pp. 6-49.
7
Id. at 108-125. Penned by Associate Justice Mariflor P. Punzalan Castillo with Associate Justices Rodrigo
V. Cosico and Hakim S. Abdulwahid concurring.
8
Id. at 127-132. Penned by Associate Justice Mariflor P. Punzalan Castillo with Associate Justices Hakim S.
Abdulwahid and Noel G. Tijam concurring.
9
Id. at 78-84. Penned by Judge Rolando G. How.
10
Rollo (G.R. No. 184079), pp. 480-483. Penned by Judge Donato H. De Castro.
11
Id. at 118-121.
12
Id. at 301-327.
13
Id. at 328.
14
Rollo (G.R. No. 184490), p. 64.
15
Id. at 56-A.
16
Rollo (G.R. No. 184079), pp. 122-123.
17
Id. at 115.
18
Id. at 174.
19
CA rollo (CA-G.R. SP No. 98105), pp. 8-31.
20
Rollo (G.R. No. 184079), pp. 122-123.
21
Id. at 69-76.
22
Id. at 67-68.
23
Rollo (G.R. No. 184490), pp. 50-54.
24
Id. at 51.
25
Records, Vol. 2, pp. 12-13.
26
Rollo (G.R. No. 184490), pp. 69-73.
27
Id. at 70.
28
Id. at 75.
29
Id. at 66.
30
CA rollo (CA-G.R. SP No. 98713), pp. 52-54.
31
Id. at 65-66.
32
Id. at 7-31.
33
Rollo (G.R. No. 184079), p. 37.
34
Id. at 95-110.
35
Id. at 449-479.
36
Corpuz v. Agustin, G.R. No. 183822, January 18, 2012, 663 SCRA 350, 362.
37
Barrientos v. Rapal, G.R. No. 169594, July 20, 2011, 654 SCRA 165, 171.
38
Rollo (G.R. No. 184490), pp. 50-51.
39
Dy v. Mandy Commodities Co., Inc., G.R. No. 171842, July 22, 2009, 593 SCRA 440, 450.
40
Id.
41
G.R. No. 182311, August 19, 2009, 596 SCRA 524.
42
Id. at 535-536.
43
Asia United Bank v. Goodland Company, Inc., G.R. No. 191388, March 9, 2011, 645 SCRA 205, 215.
44
Rollo (G.R. No. 184079), pp. 118-119; rollo (G.R. No. 184490), pp. 50-51.
45
Id.; id.
46
G.R. No. 168139, January 20, 2009, 576 SCRA 576.
47
Id. at 588-589.
 48
Id. at 590.
49
Id. at 591.
50
Asia United Bank v. Goodland Company, Inc., supra note 43, at 217.
51
Supra note 34.
52
AN ACT TO PERMIT THE SALE WITHOUT PUBLIC AUCTION OF PUBLIC LANDS OF THE
REPUBLIC OF THE PHILIPPINES FOR RESIDENTIAL PURPOSES TO QUALIFIED APPLICANTS
UNDER CERTAIN CONDITIONS.
53
SECTION 1. Notwithstanding the provisions of sections sixty-one and sixty-seven of Commonwealth Act
Numbered One hundred forty-one, as amended by Republic Act Numbered Two hundred ninety-three, any
Filipino citizen of legal age who is not the owner of a home lot in the municipality or city in which he resides
and who has in good faith established his residence on a parcel of the public land of the Republic of the
Philippines which is not needed for the public service, shall be given preference to purchase at a private sale
of which reasonable notice shall be given to him not more than one thousand square meters at a price to be
fixed by the Director of Lands with the approval of the Secretary of Agriculture and Natural Resources. It
shall be an essential condition of this sale that the occupants has constructed his house on the land and
actually resided therein. Ten percent of the purchase price shall be paid upon the approval of the sale and the
balance may be paid in full, or in ten equal annual installments.
54
Estrella v. Robles, Jr., G.R. No. 171029, November 22, 2007, 538 SCRA 60, 76.
55
G.R. No. 146364, June 3, 2004, 430 SCRA 492.
56
Id. at 515-516, citing Drilon v. Gaurana, No. L-35482, April 30, 1987, 149 SCRA 342, 348.
57
G.R. No. 189859, October 18, 2010, 633 SCRA 383.
58
Id. at 402.
59
Id. at 400.
60
Records, Vol. 3, p. 719.
61
Modesto v. Urbina, supra note 57, at 402.
62
See Pajuyo v. Court of Appeals, supra note 55, at 523.

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 CONCURRING AND DISSENTING OPINION

SERENO, J.:

Given the factual circumstances of these cases, I respectfully dissent from the finding that there is forum shopping, but
concur with the ruling that Lot No. 3976 remains a public land.

As culled from the records, Lot No. 3976 is a property located in Philips St. E)(tension, Multinational Village, Barangay
Moonwalk, Paranaque City, having an area of 5,020 square meters.1 It was first thought to be part of a vast tract of land in
Matatdo, Wawa, Paranaque, Rizal (Matatdo property), owned by Pedro Lumbos and tenanted by Graciano Marcelo, Sr.2
When the entire Matatdo property was bought by a certain Mike Velarde, he developed it into what is now popularly known
as the Multinational Village.3 As part of the development, the Matatdo property was subjected to a resurvey, during which it
was found out that Lot No. 3976 did not form part of the property bought by Mike Velarde and hence, is a public, alienable
and disposable land.4 This finding was confirmed by a Certification issued by the Department of Environment and Natural
Resources (DENR) that on 3 January 1968, Lot No. 3976 had been classified as "Alienable or Disposable Public Land" per
BFD L.C. Map No. 2323.5 Consequently, Graciano Marcelo, Sr. and his heirs occupied and took actual possession of Lot
No. 3976.6

On 30 September 1991, Spouses Ricardo and Evelyn Marcelo (Sps. Marcelo), as heirs of Graciano Marcelo, Sr., filed an
unnumbered Miscellaneous Sales Application (MSA) with the DENR.7 Prior to and pending the approval of the MSA, they
had already been disposing of Lot No. 3976 by way of several Sales Contracts,8 even without having formalized their
ownership of the lot. As a result, the number of actual occupants of Lot No. 3976 increased. As of date, Sps. Marcelo
occupy an area of approximately 50 square meters, while the remaining portions of Lot No. 3976 are occupied by 111
families.9

To legally acquire ownership of the portions of Lot No. 3976 that they were occupying, the occupants agreed among
themselves to designate Ricardo Marcelo to file an MSA sometime in 1995. They contributed money and shared in the
expenses for the application to prosper.10 This MSA was opposed by the Heirs of Pedro Lombos,11 resulting in a full-blown
investigation and hearing by the DENR.

On 12 December 1996, the DENR rendered a Decision12 in the following wise:

WHEREFORE, premises considered, the Miscellaneous Sales Application/public land applications of Spouses Ricardo
Marcelo et. al., should be, as it is hereby, GIVEN DUE COURSE, and the Opposition of Claimants-Oppositor Heirs of
Pedro Lombos is DISMISSED for lack of merit.

SO ORDERED.

In thus ruling, the DENR declared that Sps. Marcelo, through their predecessors-in-interest, had been "in
possession/occupation of the lot in dispute since 1942 or time immemorial"13 and hence, it was constrained to "grant subject
Lot-3976, Cad-299, Paranaque Cadastre, Paranaque, Metro Manila, to Claimants-Applicants Ricardo Marcelo, et. al."14

By virtue of this Decision, Sps. Marcelo allegedly claimed exclusive ownership of the entire lot and filed several ejectment
cases against the other occupants, including Spouses Remedios and Armando Silverio, Sr. (Sps. Silverio)15
In response, a Formal Protest was filed by the Sitio Philips Paranaque Neighborhood Association, Inc. against Sps. Marcelo
on 11 October 2004.16

A Decision17 thereon was issued by the DENR on 11 July 2007, to wit:

WHEREFORE, all the foregoing premises considered, the Verified Protest filed on 11 October 2004 by Protestants, Sitio
Philips Neighborhood Association, Inc., is hereby GRANTED with modifications. It is further ordered that:

1. The unnumbered Miscellaneous Sales Application of Protestees Spouses Ricardo and Evelyn Marcelo with
respect to the Five Thousand Twenty square meters, should be, as it is hereby annulled and cancelled from
the records;

2. Protestees are only entitled to the area they are actually occupying, that is, fifty (50) square meters, as per
the findings of the investigation and ocular inspection conducted on the controverted property and thus may
file their miscellaneous sales application with respect thereof; and J. Protestants may now file their
application for the purchase of the land that they are occupying under miscellaneous sales. In connection
therewith, the Regional Technical Director, Land Management Services, through the Chief, Land
Management Division, is directed to evaluate the qualifications of the applicants vis-a-vis the applicable
laws, rules and regulations thereon.

SO ORDERED. (Emphases and underscoring in the original)

In its Decision, the DENR stressed that "what was given due course in the Decision of this Office dated 12 December 1996
were the land applications of the other actual occupants-claimants and the miscellaneous sales application of Spouses
Ricardo and Evelyn Marcelo and which was filed on 3 0 September 1991, or prior to the commencement of the case Ricardo
Marcelo vs. Heirs of Lombos. However, Sps. Marcelo are only entitled to the portion they were actually occupying, as
actual occupation is the basis of the grant, and the same cannot exceed One Thousand (1 ,000) square meters."18

Despite this clarification, Sps. Marcelo still pursued the ejectment cases they had earlier filed against the other occupants of
Lot No. 3976. In particular, they filed two separate Complaints for unlawful detainer against the Sps. Silverio: (1) Civil Case
No. 2004-271 (G.R. No. 184079) filed on 9 July 2004 before the Metropolitan Trial Court (MeTC), Paranaque City, Branch
78, involving a house which Sps. Silverio built on Lot No. 3976; and (2) Civil Case No. 2004-269 (G.R. No. 184490) filed
on 14 August 2004 before the MeTC of Paranaque City, Branch 77, involving another house on Lot No. 3976 which the
Sps. Silverio had taken over from their relatives. These were the cases that gave rise to the two conflicting Decisions issued
by the Court of Appeals, subjects of this appeal.

Sps. Marcelo have not violated

the rules on forum-shopping.

At the outset, we have defined forum-shopping as the act of a party, against whom an adverse judgment has been rendered
in one forum, of seeking and possibly getting a favorable opinion in another forum, other than by appeal or a special civil
action for certiorari, or the institution of two or more actions or proceedings grounded on the same cause on the supposition
that one or the other court would make a favorable disposition.19 For forum-shopping to exist, the following elements must
be present: (a) identity of parties or at least such parties that represent the same interests in both actions; (b) identity of rights
asserted and reliefs prayed for, the relief being founded on the same facts; (c) identity of the two preceding particulars, such
that any judgment rendered in the other action will, regardless of which party is successful, amount to res judicata in the
action under consideration.20

On their face, the two Complaints filed by Sps. Marcelo seem to have an overwhelming identity of elements, for in both
cases, the right to which they hinge their claim is their purported ownership of Lot No. 3976. This fact, however, cannot be
used as ammunition to insist on a supposed violation of the rule on forum-shopping. It is clear that the parties entered into
two separate contracts, thus signifying that there are also two separate causes of action.

In examining the two causes of action, we must compare the contracts entered into by the parties. In G.R. No. 184079, Sps.
Marcelo alleged that Sps. Silverio were allowed to construct a house on Lot No. 3976 sometime in May 1987, on the
condition that the latter would vacate the property the moment the former would need it. Meanwhile, in G.R. No. 184490,
Sps. Marcelo also alleged that Sps. Silverio were allowed to stay in another house built in 1986 by Florante Marcelo and
Marilou Silverio (but abandoned sometime in 1998), with the understanding that the house wouldbe dismantled the moment
Sps. Marcelo would need the premises.

Needless to say, the ownership of the entire Lot No. 3976 is immaterial. In each case, the contractual relations of the parties
are confined only to certain portions of Lot No. 3976.

This view is further supported by the fact that the Sps. Marcelo have been disposing of Lot No. 3976 in small portions to
different people. To uphold a finding of forum shopping would mean that Sps. Marcelo should file only one complaint
against all the other occupants, on the premise that they are the owners of all those lots.

There is merit in the contention that this situation may be akin to that of condominium units, in which the owner-developer
is given the right to eject each tenant separately. The rights and duties of both parties need not be reduced to a written
contract, as long as the terms remain clear - that Sps. Silverio should vacate the two houses once Sps. Marcelo decided to
use them. It therefore follows that there is no res judicata, for the finding of ownership in favor of Sps. Marcelo relegates
their right to possess only the specific area, subject of each case.

To be sure, the favorable Decision obtained by the Sps. Marcelo in G.R. No. 184079 only made reference to the area on
which the house constructed by Sps. Silverio stands. The same is true with G.R. No. 184490, in which the MeTC limited its
judgment to where the abandoned house was built.

Lot No. 3976 remains a public

land and is without a registered owner.

Nevertheless, I concur with the ponencia on the finding that the entire Lot No. 3976 remains a public land.

To begin with, the findings of the DENR ought to be given weight, for factual matters relating to lands of the public domain
rest within its competency.21 This principle is in consonance with our long-held rule that findings of fact of an administrative
agency are binding and conclusive upon this Court for as long as substantial evidence supports it.22

Accordingly, public lands not shown to have been reclassified or released as alienable agricultural land, or alienated to a
private person by the State, remain part of the inalienable public domain. The burden of proof in overcoming the
presumption of State ownership of the lands of the public domain is on the person applying for registration, who must prove
that the land subject of the application is alienable or disposable.23 Failure of the applicant to overcome this threshold retains
the property within the public realm.

As clarified on record, Lot No. 3976 is still a public land, and no land patent has been issued over it as a whole or over any
portion thereof. The unnumbered MSA filed by Sps. Marcelo on 30 September 1991 has already been cancelled by the
DENR in a Decision dated 11 July 2007 for violating Section 2 of Republic Act No. 730,24 and for not complying with the
requirements of Commonwealth Act No. 141.25 Hence, the lot has no registered owner.

Coming now to the merits of the case, well-settled is the rule that in an ejectment suit, the only issue is possession de facto
or physical or material possession, and not possession de jure. So that even if the question of ownership is raised in the
pleadings, as in this case, the court may pass upon such issue but only to determine the question of possession, especially if
the former is inseparably linked with the latter.26 Article 539 of the Civil Code states:

Every possessor has a right to be respected in his possession; and should he be disturbed therein he shall be protected in or
restored to said possession by the means established by the laws and the Rules of Court.

Thus, possessors, whether in the concept of owners or holders, must be respected anent their right to possess. In Hermitano
v. Clarito,27 we have held thus:

The plaintiff was entitled to have this possession respected until such time as he might have been defeated in the proper
action, even if it be true that the deed by which the land was conveyed to him was void. Even if he had been absolutely
without title, with nothing more than the naked possession de facto of the land, under article 446 of the Civil Code he was
entitled to have this possession respected. (Emphasis ours)

It is not denied that Sps. Silverio are currently in actual possession of the area in Lot No. 3976 where the two houses stand,
while Sps. Marcelo occupy only 50 square meters thereof. This has been the situation for more than 30 years.28 Thus, absent
any party claiming to have a better right to lawfully eject them, Sps. Silverio ought to remain on the property. Such a
consequence is not new and has been passed upon by the Court in Pajuyo v. Court of Appeals,29 in which it ruled:

We are aware of our pronouncement in cases where we declared that "squatters and intruders who clandestinely enter into
titled government property cannot, by such act, acquire any legal right to said property." We made this declaration because
the person who had title or who had the right to legal possession over the disputed property was a party in the ejectment suit
and that party instituted the case against squatters or usurpers.

xxxx

Since the party that has title or a better right over the property is not impleaded in this case, we cannot evict on our own the
parties. Such a ruling would discourage squatters from seeking the aid of the courts in settling the issue of physical
possession. Stripping both the plaintiff and the defendant of possession just because they are squatters would have the same
dangerous implications as the application of the principle of pari delicto. Squatters would then rather settle the issue of
physical possession among. themselves than seek relief from the courts if the plaintiff and defendant in the ejectment case
would both stand to lose possession of the disputed property. This would subvert the policy underlying actions for recovery
of possession.

Since Pajuyo has in his favor priority in time in holding the property, he is entitled to remain on the property until a person
who has title or a better right lawfully ejects him. Guevarra is certainly not that person. The ruling in this case, however,
does not preclude Pajuyo and Guevarra from introducing evidence and presenting arguments before the proper
administrative agency to establish any right to which they may be entitled under the law.

In no way should our ruling in this case be interpreted to condone squatting. The ruling on the issue of physical possession
does not affect title to the property nor constitute a binding and conclusive adjudication on the merits on the issue of
ownership. The owner can still go to court to recover lawfully the property from the person who holds the property without
legal title. Our ruling here does not diminish the power of government agencies, including local governments, to condemn,
abate, remove or demolish illegal or unauthorized structures in accordance with existing laws. (Emphases supplied)

The rationale behind this ruling was already explained by the Court: "It is obviously just that the person who has first
acquired possession should remain in possession pending this decision; and the parties cannot be permitted meanwhile to
engage in a petty warfare over the possession of the property which is the subject of dispute. To permit this would be highly
dangerous to individual security and disturbing to social order."30 In fact, even a wrongful possessor may at times be upheld
by the courts, though only temporarily and for the purpose of maintaining public order.31 The larger and permanent interests
of property require that in such rare and exceptional instance, the courts must give preference to and permit actual but
wrongful possession.32

Consequently, I agree with the ponencia that the disposition in these cases does not preclude any person from asserting title
or better right so as to lawfully eject the Sps. Silverio from the property.

WHEREFORE, I vote to DISMISS the Complaints for unlawful detainer filed by Spouses Ricardo and Evelyn Marcelo
against Spouses Armando Silverio, Sr., and Remedios Silverio for lack of merit.

MARIA LOURDES P. A. SERENO

Chief Justice

Footnotes
1
Rollo (G.R. No. 184079), p. 95; DENR Decision dated II July 2007, p. 1.
2
Id. at 96; DENR Decision dated II July 2007, p. 2.
3
Id.
4
Id.
5
Id. at 189; DENR Certification dated 8 June 2006.
6
Id. at 96; DENR Decision dated 11 July 2007, p. 2.
7
Id. at 241; DENR Memorandum dated 13 February 2007, issued by Corazon C. Davis, Regional Executive
Director, DENR-National Capital Region, p. 4.
8
Id. at I 05; DENR Decision dated II July 2007, p. II. The Sales Contracts refer to those contracted with the
following persons, among others: Rowena Lanozo on II February 1993; Edgardo Marquez on 14 April 1986;
Mssrs. Virgilio Bering and Alejandro Biclar on 29 June 1990; Nazario Robles on 4 May 1992; and Sps.
Romeo Sanchez on 14 May 1996.
9
Id. at 239; DENR Memorandum dated 13 February 2007 issued by Corazon C. Davis, Regional Executive
Director, DENR-National Capital Region, p. 2.
10
Id. at 96-97; DENR Decision dated 11 July 2007, pp. 2-3.
11
Docketed as Ricardo Marcelo, et. a/., v. Heirs of Pedro Lombos, rep. by Atty. Fabian Lombos under
DENR-NCR Case No. 95-253, Re: Lot 3976, Cad-299, Paranaque, Metro Manila.
12
Rollo, pp. 301-327. DENR Decision penned by OIC-Regional Executive Director Clarence L. Baguilat.
13
Id. at 327; DENR Decision dated 12 December 1996, p.27.
14
Id.
15
Id. at 97; DENR Decision dated II July 2007, p. 3.
16
Id. at 189; DENR Certification dated 8 June 2006.
17
Id. at 95-110; DENR Decision penned by Regional Executive Director Corazon C. Davis.
18
Id. at 108; DENR Decision dated II July 2007, p. 14.
19
HPS Software & Communication Corp. v. PLDT, G.R. Nos. 170217 and 170694, 10 December 2012,
citing Metropolitan Bank and Trust Company v. International Exchange Bank, G.R. Nos. 176008 & 176131,
10 August 2011, 655 SCRA 263,274. See also PHILPHARMAWEALTH, Inc. v. Pfizer, Inc. and Pfizer
(Phil.), Inc., G.R. No. 167715, 17 November 2010,635 SCRA 140; Philippine Islands Corporation for
Tourism Development, Inc. v. Victorias Milling Co., Inc., G.R. No. 167674, 17 June 2008, 554 SCRA 561,
569; Duvaz Corporation v. Export and Industry Bank, G.R. No. 163011,7 June 2007,523 SCRA 405, 416-
417.
20
Pentacapital Investment Corp., v. Mahinay, G.R. No. 171736, 5 July 2010, 623 SCRA 284, citing
Marcopper Mining Corporation v. Solidbank Corporation, 476 Phil. 415 (2004).
21
Estrella v. Robles, Jr., G.R. No. 171029, 22 November 2007, 538 SCRA 60.
22
Perez v. Cruz, 452 Phil. 597 (2003). citing Bulilan v. Commission on Audit, 360 Phil. 626, 634 ( 1998),
Villajlor v. Court of Appeals, 345 Phil. 524, 562 ( 1997).
23
Republic v. Medida, G.R. No. 195097, 13 August 2012, 678 SCRA 317, citing Republic v. Dela Paz, G.R.
No. 171631, 15 November 2010, 634 SCRA 610, 621-622.
 24
Rollo, p. 108; DENR Decision dated II July 2007. The relevant portion of R.A. 730, Sec. 2 provides:
Except in favor of the Government or any of its branches, units, or institutions lands acquired under
theprovisions of this Act shall not be subject to encumbrance or alienation before the patent is issued and for
aterm of ten years from the date of the issuance of such patent, nor shall they become liable to the satisfaction
of any debt contracted prior to the expiration of said period. x x x x
25
Id. at 106.
26
Dizon v. Court of Appeals, 332 Phil. 429 ( 1996). See also Del Rosario v. Court of Appeals, 311 Phil.
589;Mediran v. Villanueva, 37 Phil. 752; Somodio v. Court of Appeals, 235 SCRA 307; De Luna v. Court
ofAppeals, 212 SCRA 276; Oblea v. Court of Appeals, 313 Phil. 804 ( 1995); Joven v. Court of Appeals, 212
SCRA 700
27
I Phil. 609, 613 (1902).
28
Rollo, p. 33; Petition for Review on Certiorari (G.R. No. 184079), p. 10.
29
G.R. No. 146364, 3 June 2004,430 SCRA 492, 523-524.
30
Mediran v. Villanueva, 37 Phil 752,757 (1918).
31
Manuel v. Court of Appeals, 276 Phil. 657 ( 1991 ).
32
Id.

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