Alvarico v. Sola

SECOND DIVISION
[G.R. No. 138953. June 6, 2002
CASTORIO ALVARICO, Petitioner, vs. AMELITA L.
SOLA, Respondent.
DECISION
Petitioner Castorio Alvarico is the natural father of respondent

Amelita Sola while Fermina Lopez is petitioners aunt, and also
Amelitas adoptive mother.
On June 17, 1982, the Bureau of Lands approved and granted the
Miscellaneous Sales Application (MSA) of Fermina over Lot 5, SGS-
3451, with an area of 152 sq. m. at the Waterfront, Cebu City.1 cräläwvirtualibräry
On May 28, 1983,2 Fermina executed a Deed of Self-Adjudication

and Transfer of Rights3 over Lot 5 in favor of Amelita, who agreed to
assume all the obligations, duties, and conditions imposed upon
Fermina under MSA Application No. V-81066. The document of
transfer was filed with the Bureau of Lands.4 The pertinent portions
of the deed provide:
xxx
That I, FERMINA A. LOPEZ, of legal age, Filipino, widow of Pedro C.

Lopez and a resident of Port San Pedro, Cebu City, Philippines, am
the AWARDEE of Lots Nos. 4, 5, 3-B, 3-C and 6-B, Sgs-3451 And
being the winning bidder at the auction sale of these parcels by the
Bureau of Lands held on May 12, 1982, at the price of P150.00 per
square meter taking a purchase price of P282,900.00 for the tract;
That I have made as my partial payment the sum of P28,290.00
evidenced by Official Receipt No. 1357764-B representing ten
(10%) per cent of my bid, leaving a balance of P254,610.00 that
shall be in not more than ten (10) years at an equal installments
of P25,461.00 beginning June 17, 1983 until the full amount is paid.
the Transferee Mrs. Amelita L. Sola, agrees to assume, all the

obligations, duties and conditions imposed upon the Awardee in
relation to the MSA Application No. V-81066 entered in their records
as Sales Entry No. 20476.
On June 24, 1993,9 herein petitioner filed Civil Case No. CEB-

1419110 for reconveyance against Amelita. He claimed that on
January 4, 1984, Fermina donated the land to him11 and
immediately thereafter, he took possession of the same. He averred
that the donation to him had the effect of withdrawing the earlier
transfer to Amelita.12
cräläwvirtualibräry
For her part, Amelita maintained that the donation to petitioner is

void because Fermina was no longer the owner of the property
when it was allegedly donated to petitioner, the property having
been transferred earlier to her.13 She added that the donation was
void because of lack of approval from the Bureau of Lands, and that
she had validly acquired the land as Ferminas rightful heir. She also
denied that she is a trustee of the land for petitioner.14 cräläwvirtualibräry
After trial, the RTC rendered a decision in favor of petitioner
On appeal, the Court of Appeals in its decision dated March 23,

1999 reversed the RTC.
The crucial issue to be resolved in an action for reconveyance

is: Who between petitioner and respondent has a better
claim to the land?
To prove she has a better claim, respondent Amelita Sola submitted

a copy of OCT No. 3439 in her name and her husbands,19 a Deed of
Self-Adjudication and Transfer of Rights20 over the property dated
1983 executed by Fermina in her favor, and a certification from the
municipal treasurer that she had been declaring the land as her and
her husbands property for tax purposes since 1993.21 cräläwvirtualibräry
For his part, petitioner Castorio Alvarico presented a Deed of

Donation22 dated January 4, 1984, showing that the lot was given to
him by Fermina and according to him, he immediately took
possession in 1985 and continues in possession up to the
present.23cräläwvirtualibräry
Petitioner further contests the CA ruling that declared as a private

document said Deed of Donation dated January 4, 1984, despite the
fact that a certified true and correct copy of the same was obtained
from the Notarial Records Office, Regional Trial Court, Cebu City on
June 11, 1993 and acknowledged before Atty. Numeriano
Capangpangan, then Notary Public for Cebu.24 cräläwvirtualibräry
Given the circumstances in this case and the contentions of

the parties, we find that no reversible error was committed
by the appellate court in holding that herein petitioners
complaint against respondent should be dismissed.
Petitioner principally relies on Articles 744 and 1544 of the New Civil
Code, which provide:
Art. 744. Donations of the same thing to two or more different

donees shall be governed by the provisions concerning the sale of
the same thing to two or more different persons.
Art. 1544. If the same thing should have been sold to different
vendees, the ownership shall be transferred to the person who may
have first taken possession thereof in good faith, if it should be
movable property.
Should it be immovable property, the ownership shall belong to the

person acquiring it who in good faith first recorded it in the Registry
of Property.
Should there be no inscription, the ownership shall pertain to the

person who in good faith was first in the possession; and, in the
absence thereof, to the person who presents the oldest title,
provided there is good faith.
Petitioner claims that respondent was in bad faith when she

registered the land in her name and, based on the abovementioned
rules, he has a better right over the property because he was first in
material possession in good faith. However, this allegation of bad
faith on the part of Amelita Sola in acquiring the title is devoid of
evidentiary support. For one, the execution of public documents, as
in the case of Affidavits of Adjudication, is entitled to the
presumption of regularity, hence convincing evidence is required to
assail and controvert them.25 Second, it is undisputed that OCT No.
3439 was issued in 1989 in the name of Amelita. It requires more
than petitioners bare allegation to defeat the Original Certificate of
Title which on its face enjoys the legal presumption of regularity of
issuance.26 A Torrens title, once registered, serves as notice to the
whole world. All persons must take notice and no one can plead
ignorance of its registration.
Even assuming that respondent Amelita Sola acquired title to

the disputed property in bad faith, only the State can
institute reversion proceedings under Sec. 101 of the Public
Land Act.28 Thus:
Sec. 101.All actions for reversion to the Government of lands

of the public domain or improvements thereon shall be
instituted by the Solicitor General or the officer acting in his
stead, in the proper courts, in the name of the Republic of
the Philippines.
In other words, a private individual may not bring an action

for reversion or any action which would have the effect of
canceling a free patent and the corresponding certificate of
title issued on the basis thereof, such that the land covered
thereby will again form part of the public domain. Only the
Solicitor General or the officer acting in his stead may do
so.29 Since Amelita Solas title originated from a grant by the
government, its cancellation is a matter between the grantor
and the grantee.30 Clearly then, petitioner has no standing at
all to question the validity of Amelitas title. It follows that he
cannot recover the property because, to begin with, he has
not shown that he is the rightful owner thereof.
Anent petitioners contention that it was the intention of Fermina for

Amelita to hold the property in trust for him, we held that if this was
really the intention of Fermina, then this should have been clearly
stated in the Deed of Self-Adjudication executed in 1983, in the
Deed of Donation executed in 1984, or in a subsequent instrument.
Absent any persuasive proof of that intention in any written
instrument, we are not prepared to accept petitioners bare
allegation concerning the donors state of mind.

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SECOND DIVISION

[G.R. No. 138953. June 6, 2002

Petitioner Castorio Alvarico is the natural father of respondent

On May 28, 1983,2 Fermina executed a Deed of Self-Adjudication

That I, FERMINA A. LOPEZ, of legal age, Filipino, widow of Pedro C.

the Transferee Mrs. Amelita L. Sola, agrees to assume, all the

On June 24, 1993,9 herein petitioner filed Civil Case No. CEB-

For her part, Amelita maintained that the donation to petitioner is

After trial, the RTC rendered a decision in favor of petitioner

On appeal, the Court of Appeals in its decision dated March 23,

The crucial issue to be resolved in an action for reconveyance

To prove she has a better claim, respondent Amelita Sola submitted

For his part, petitioner Castorio Alvarico presented a Deed of

Petitioner further contests the CA ruling that declared as a private

Given the circumstances in this case and the contentions of

Art. 744. Donations of the same thing to two or more different

Should it be immovable property, the ownership shall belong to the

Should there be no inscription, the ownership shall pertain to the

Petitioner claims that respondent was in bad faith when she

Even assuming that respondent Amelita Sola acquired title to

Sec. 101.All actions for reversion to the Government of lands

In other words, a private individual may not bring an action

Anent petitioners contention that it was the intention of Fermina for

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