Case Digest: GIL JUSTALERO, et al. v. ZENAIDA SAN AGUSTIN GONZALES and NOEMI SAN AGUSTIN

GIL JUSTALERO, et al. v. ZENAIDA SAN AGUSTIN GONZALES and NOEMI SAN AGUSTIN

517 SCRA 341 (2007)

Where there is no showing that the deceased Free Patent Applicant availed himself of a legal remedy to assail an adverse decision, his successors-in-interest are bound by the same.

Noemi San Agustin and Zenaida San Agustin Gonzles, together with their other siblings, entered into a Subdivision Agreement wherein they parted the estate of their deceased parents. Subsequently, a Transfer Certificate Titles were issued to Noemi and Zenaida.

After nine years, Gil Justalero and the heirs of his deceased brother, Jesus Justalero (Jesus) filed a complaint against Zenaida and Noemi for quieting of title and reconveyance with damages before the Regional Trial Court (RTC) of Iloilo contending that the lots subject of the petition were falsely claimed by Zenaida and Noemi. Gil added that Jesus in fact filed an application for Free Patent over the subject lot. For their part, Zenaida and Noemi aver that the lots were covered by an Original Certificate of Title (OCT), which were owned by their deceased parent. The RTC ruled in favor of Zenaida and Noemi. Gil and the heirs appealed to Court of Appeals which affirmed the RTC decision.

ISSUE:

Whether or not the subject lot which is claimed by Gil and the heirs is embraced in the transfer certificate titles of Noemi and Zenaida

HELD:

The basis of the issuance of Noemi‘s title is the Consolidation and Subdivision Plan, Pcs-06-000063 which bears a note on the lower portion thereof reading ―[t]his survey is covered by Original Certificate of Title No. 30898, 32644 and 32645 all in the name of Vicente San Agustin and Rosario Sabella.‖ The same plan was certified as correct by Bernan Certeza, Geodetic Engineer, and recommended for approval by Teodoro Simpas, Chief, Surveys Division. The Director of Lands through Regional Director Manuel Lagunilla also approved the same. Furthermore, the Court of First Instance of Iloilo also approved the said Subdivision Plan by Order of May 22, 1979 in ―In re: Petition for Approval of Consolidation and Subdivision Plan in accordance with Section 44 of Act 496 and Act 440. Betty S. Villanueva, Petitioner.‖

Moreover, almost two years before the filing of Justalero and the heirs‘ complaint, the Bureau of Lands, Iloilo City rendered a Decision in the above-stated Free Patent application filed by Jesus J. Justalero, declaring that the subject lot, Cadastral Lot No. 2596, is identical to Lot 8, Pcs-06-000063 which is now titled in the name of Noemi.

There is no showing that Gil Justaleros‘ predecessor-in-interest, Jesus Justalero as Free Patent applicant availed himself of any legal remedy to assail the said decision which was adverse to him. Hence, his successors-in-interest-herein – Justalero and the heirs are bound by the decision.