SPS. YU HWA PING AND MARY GAW v. AYALA LAND INC.

26 July 2017 | Mendoza, J. | Survey Plans Duly Approved by Bureau of Lands subject properties are can be finally adjudicated.

PETITIONERS: SPS. YU HWA PING AND MARY GAW

RESPONDENTS: AYALA LAND INC.
FACTS:
FACTS: On March 17, 1921, petitioners Spouses Andres Diaz and Josefa Mia (Spouses
Diaz) submitted to the General Land Registration Office for approval of the Director of
1. On March 17, 1921, petitioners Spouses Andres Diaz and Josefa Mia (Spouses
Lands a survey plan designated as Psu-25909, which covered a parcel of land located at
Diaz) submitted to the General Land Registration Office for approval of the Director
Sitio of Kay Monica, Barrio Pugad Lawin, Las Pinas, Rizal, with an aggregate area of
of Lands a survey plan designated as Psu-25909, which covered a parcel of land
460,626 square meters covered by Lot 1. On May 26, 1921, the Director of Lands
located at Sitio of Kay Monica, Barrio Pugad Lawin, Las Pinas, Rizal, with an
approved survey plan Psu-25909. After the conduct of the required survey, On May 9,
aggregate area of 460,626 square meters covered by Lot 1. On May 26, 1921, the
1950, Original Certificate of Title (OCT) No. 242 was issued in favor of Yaptinchay covering
Director of Lands approved survey plan Psu-25909.
Lots 2 and 3 pursuant to Psu-80886/SWO-20609. On May 11, 1950, OCT No. 244 was
2. On October 21, 1925, another survey plan was done covering Lot 3 of the same
also issued to Yaptinchay. On May 21, 1958, OCT No. 1609 covering Lot 3 pursuant to
parcel of land designated as Psu-47035 for a certain Dominador Mayuga. The said
Psu-47035 was issued in favor of Dominador Mayuga. On May 18, 1967, some of
survey, however, stated that the lot was situated at Sitio May Kokek, Barrio
properties were sold to CPJ Corporation resulting in the issuance of Transfer Certificate
Almanza, Las Pinas, Rizal. Then, on July 28, 1930, another survey was undertaken
Title (TCT) No. 190713 in its name. On the other hand, on May 4, 1980, CPJ Corporation
designated as Psu-80886 for a certain Eduardo C. Guico (Guico). Again, the survey
transferred their interest in the subject properties to third persons. Later, in 1988, Ayala
indicated a different address that the lots were situated in Barrio Tindig na Mangga,
Corporation obtained the subject properties from Goldenrod, Inc. and PESALA. In 1992,
Las Pi�as, Rizal. Finally, on March 6, 1931, an additional survey plan was
pursuant to the merger of respondent Ayala Land, Inc. (ALI) and Las Pinas Ventures, Inc.,
executed over the similar parcel of land designated as Psu-80886/SWO-20609 for a
ALI acquired all the subject properties.
certain Alberto Yaptinchay (Yaptinchay). Psu-80886 and Psu-80886/SWO-20609
covered Lot 2, with 158,494 square meters, and Lot 3, with 171,309 square meters,
ISSUE: Can the survey of the lands be scrutinized by the courts? – YES when there are
of the same land.
compelling reasons.
3. On May 9, 1950, Original Certificate of Title (OCT) No. 242 was issued in favor of
Yaptinchay covering Lots 2 and 3 pursuant to Psu-80886/SWO-20609. On May 11,
DOCTRINE: Hence, the Court may inquire into the validity of the ownership of a property
1950, OCT No. 244 was also issued to Yaptinchay. On May 21, 1958, OCT No.
by scrutinizing the movant's evidence of title and the basis of such title. When there is
1609 covering Lot 3 pursuant to Psu-47035 was issued in favor of Dominador
compelling proof that there is doubt on the validity of the sources or basis of such title, then
Mayuga. On May 18, 1967, some of properties were sold to CPJ Corporation
an examination is proper. Thus, the surveys of the certificates of title are not immune from
resulting in the issuance of Transfer Certificate Title (TCT) No. 190713 in its name.
judicial scrutiny, in light of the genuine and legitimate reasons for its analysis.
4. On February 16, 1968, petitioner Andres Diaz filed a petition for original registration
before the Court of First Instance (CFI) of Pasay for Lot No. 1 of Psu-25909.
In Dizon v. Rodriguez and Republic v. Ayala y Cia, the Court confronted the validity of the On October 19, 1969, judgment was rendered by the CFI of Pasay for the original
surveys conducted on the lands to determine whether the title was properly subdivided. It registration of Psu-25909 in favor of Andres Diaz. On May 19, 1970, OCT No.
was ruled therein that subdivision plan Psd-27941 was erroneous because it was 8510 was issued in the name of Spouses Diaz. On May 21, 1970, the Spouses
"prepared not in accordance with the technical descriptions in TCT No. T-722 but in Diazsubdivided their 460,626 square meter property covered by OCT No. 8510 into
disregard of it, support the conclusion reached by both the lower court and the Court of ten (10) lots, described as Lots No. 1-A to 1-J and conveyed to different third
Appeals that Lots 49 and 1 are actually part of the territorial waters and belong to the parties.
State.” Accordingly, the sole method for the Court to determine the validity of the title was 5. On May 17, 1971, CPJ Corporation, then owner of the land covered by TCT No.
to dissect the survey upon which it was sourced. As a result, it was discovered that the 190713, which originated from OCT No. 242, filed Land Registration Case No. N-24-
registered titles therein contained areas which belong to the sea and foreshore lands. M before the Regional Trial Court (RTC) of Pasig City, Branch 166, against Spouses
Diaz and other named respondents (Diaz Case). It sought to review OCT No. 8510
Here, only a direct review of the surveys of OCT Nos. 242, 244, and 1609, as well as OCT in the names of Spouses Diaz on the ground that the interested persons were not
No. 8510 can resolve the issue on the validity of these titles. The findings of the RTC of notified of the application.
Las Pinas and the CA differ with respect to the cited errors in the surveys. The Court is
convinced that through a rigorous study of the affected surveys, the valid owners of the
6. On August 30, 1976 and December 4, 1976, Andres Diaz sold to Librado Cabautan 14. RTC Las Pinas: ordered the conduct of a verification survey to help in the just and
(Cabautan) the following parcels of land, which originated from OCT No. 8510 under proper disposition of the case. Engr. Veronica Ardina-Remolar from the Bureau of
Psu-25909 Lands, the court-appointed commissioner, supervised the verification survey, and
7. On March 12, 1993, petitioner Spouses Yu Hwa Ping and Mary Gaw (Spouses the parties sent their respective surveyors. After the verification survey was
Yu)acquired ownership over 67,813 square meters representing the undivided half- completed and the parties presented all their pieces of evidence, the case was
portion of Lot 1-A originating from OCT No. 8510 of Spouses Diaz. The said submitted for resolution.
property was co-owned by Spouses Diaz with Spouses Librado and Susana 15. Second RTC Ruling: ruled in favor of Spouses Yu. It held that based on the
Cabautan resulting from a civil case decided by the RTC of Makati on March 29, verification survey and the testimonies of the parties' witnesses, OCT Nos. 242, 244,
1986. and 1609 overlapped OCT No. 8510. The RTC of Las Pinas also pointed out, and
8. On January 27, 1994, Spouses Yu acquired ownership over Lot 1-B originating from extensively discussed, that Psu-80886 and Psu-47035, which were the bases of
OCT No. 8510 of Spouses Diaz with an area of 135,000 square meters. Pursuant to OCT Nos. 242, 244, and 1609, were marred with numerous and blatant errors. It
the transfers of land to Spouses Yu, TCT Nos. 39408 and 64549 were issued in opined that ALI did not offer any satisfactory explanation regarding the glaring
their names. discrepancies of Psu-80886 and Psu-47035. On the other hand, it observed that
9. On the other hand, on May 4, 1980, CPJ Corporation transferred their interest in the Psu-25909, the basis of OCT No. 8510, had no irregularity in its preparation. Thus,
subject properties to third persons. Later, in 1988, Ayala Corporation obtained the the RTC of Las Pinas concluded that the titles of ALI were void ab initio because
subject properties from Goldenrod, Inc. and PESALA. In 1992, pursuant to the their original titles were secured through fraudulent surveys.
merger of respondent Ayala Land, Inc. (ALI) and Las Pinas Ventures, Inc., ALI 16. CA Rulings: Ruled in favor of Ayala.
acquired all the subject properties. a. Diaz Case: the RTC of Pasig properly cancelled OCT No. 8510 because
10. First RTC Ruling: the RTC of Pasig City rendered a Decision against Spouses Diaz. Spouses Diaz committed fraud. It opined that Spouses Diaz knew of CPJ
It held that OCT No. 8510 and all the transfer certificates issued thereunder must be Corporation's interest over the subject land but failed to inform it of their
cancelled. The RTC of Pasig City opined that Spouses Diaz committed fraud when application.
they filed their application for original registration of land without informing the b. Yu Case: the CA ruled that Spouses Yu could no longer assert that the
interested parties therein in violation of Sections 31 and 32 of Act No. 496. It also titles of ALI were invalid because the one-year period to contest the title
held that Spouses Diaz knew that CPJ Corporation had an appropriate interest over had prescribed. Hence, ALI's titles were incontestable.
the subject properties.
11. Meanwhile, sometime in August 1995, Spouses Yu visited their lots. To their ISSUE/S: Can the survey of the lands be scrutinized by the courts? – YES when there are
surprise, they discovered that ALI had already clandestinely fenced the area and compelling reasons.
posted guards thereat and they were prevented from entering and occupying the
same.7 They also discovered that the transfer of certificates of titles covering parcels
of land overlapping their claim were in the name of ALI under TCT Nos. 41325, RULING: WHEREFORE, the petitions are GRANTED. The June 19, 2006 Decision of the
41263, 41262, and 41261. Court of Appeals in CA-G.R. CV Nos. 61593 & 70622 is hereby REVERSED and SET ASIDE.
12. Sps Yu: Filed a complaint before the RTC of Las Pinas City against ALI for the The February 8, 2005 Amended Decision of the Court of Appeals is hereby REINSTATED.
declaration of nullity of the TCTs issued in the name of ALI. They also sought the
recovery of possession of the property covered by ALI's title which overlapped their RATIO:
land alleging that Spouses Diaz, their predecessors had open, uninterrupted and
adverse possession of the same from 1921 until it was transferred to Cabautan in Although a certificate of title serves as evidence of an indefeasible and incontrovertible title to
1976. Spouses Yu averred that Cabautan possessed the said land until it was sold the property in favor of the person whose name appears therein, it is not a conclusive proof of
to them in 1994.They likewise sought the judicial confirmation of the validity of their ownership. It is a well-settled rule that ownership is different from a certificate of title. The fact
titles. that a person was able to secure a title in his name does not operate to vest ownership upon
13. Sps Yu Alleged: Spouses Yu principally alleged that the titles of ALI originated from him of the subject land. Registration of a piece of land under the Torrens System does not
OCT Nos. 242, 244, and 1609, which were covered by Psu-80886 and Psu-47035. create or vest title, because it is not a mode of acquiring ownership. A certificate of title is
The said surveys were merely copied from Psu-25909, which was prepared at an merely an evidence of ownership or title over the particular property described therein. It
earlier date, and the Director of Lands had no authority to approve one or more cannot be used to protect a usurper from the true owner; nor can it be used as a shield for the
surveys by different claimants over the same parcel of land.9 They asserted that commission of fraud; neither does it permit one to enrich himself at the expense of others. Its
OCT No. 8510 and its transfer certificates, which covered the Psu-25909, must be issuance in favor of a particular person does not foreclose the possibility that the real property
declared valid against the titles of ALI.
may be co-owned with persons not named in the certificate, or that it may be held in trust for to deprive the assailed decree of registration of its conclusive effect, neither are they sufficient
another person by the registered owner. to arrive at the conclusion that the survey was definitely, certainly, conclusively
spurious."60 The Court cannot close its eyes to the blatant defects on the surveys upon which
Hence, the Court may inquire into the validity of the ownership of a property by scrutinizing the the original titles of ALI were derived simply because its titles were registered. To allow these
movant's evidence of title and the basis of such title. When there is compelling proof that there certificates of title in the registration books, even though these were sourced from invalid
is doubt on the validity of the sources or basis of such title, then an examination is proper. surveys, would tarnish and damage the Torrens system of registration, rather than uphold its
Thus, the surveys of the certificates of title are not immune from judicial scrutiny, in light of the integrity.
genuine and legitimate reasons for its analysis.
It is an enshrined principle in this jurisdiction that registration is not a mode of acquiring
In Dizon v. Rodriguez and Republic v. Ayala y Cia, the Court confronted the validity of the ownership. A certificate of title merely confirms or records title already existing and vested.
surveys conducted on the lands to determine whether the title was properly subdivided. It was The indefeasibility of a Torrens title should not be used as a means to perpetrate fraud against
ruled therein that subdivision plan Psd-27941 was erroneous because it was "prepared not in the rightful owner of real property. Good faith must concur with registration because,
accordance with the technical descriptions in TCT No. T-722 but in disregard of it, support the otherwise, registration would be an exercise in futility. A Torrens title does not furnish a shield
conclusion reached by both the lower court and the Court of Appeals that Lots 49 and 1 are for fraud, notwithstanding the long-standing rule that registration is a constructive notice of title
actually part of the territorial waters and belong to the State.” Accordingly, the sole method for binding upon the whole world. The legal principle is that if the registration of the land is
the Court to determine the validity of the title was to dissect the survey upon which it was fraudulent, the person in whose name the land is registered holds it as a mere trustee.
sourced. As a result, it was discovered that the registered titles therein contained areas which
belong to the sea and foreshore lands. When a land registration decree is marred by severe irregularity that discredits the integrity of
the Torrens system, the Court will not think twice in striking down such illegal title in order to
Here, only a direct review of the surveys of OCT Nos. 242, 244, and 1609, as well as OCT No. protect the public against unscrupulous and illicit land ownership. Thus, due to the numerous,
8510 can resolve the issue on the validity of these titles. The findings of the RTC of Las Pinas blatant and unjustifiable errors in Psu-47909, Psu-80886, and Psu-80886/SWO-20609, these
and the CA differ with respect to the cited errors in the surveys. The Court is convinced that must be declared void. Likewise, OCT Nos. 242, 244, and 1609, their transfer certificates, and
through a rigorous study of the affected surveys, the valid owners of the subject properties are instruments of conveyances that relied on the anomalous surveys, must be absolutely
can be finally adjudicated. declared void ab initio.

The foregoing anomalies surrounding Psu-47909, Psu-80886, and Psu-80886/SWO-20609 With respect to the Diaz case, the Court agrees with the CA in its February 8, 2005 decision
were similarly observed by the RTC of Las Pinas. The trial court was able to establish its that Spouses Diaz did not commit fraud. As Psu-47909, Psu-80886 and Psu-80886/SWO-
findings based on the verification survey it ordered, under the supervision of the court- 20609 are void, then OCT Nos. 242, 244 and 1609 are also void ab initio. The transfer
appointed commissioner. Hence, the trial court had the direct access to the evidence certificates in the hands of third parties, including CPJ Corporation and ALI, are likewise void.
presented by the parties as well as the verification reports and survey plans submitted by the Accordingly, Spouses Diaz had no obligation to inform CPJ Corporation of their application for
parties. It is a fundamental rule that the conclusion and findings of fact by the trial court are registration and they could not be held guilty of fraud.
entitled to great weight on appeal and should not be disturbed except for strong and cogent
reasons, because the trial court is in a better position to examine real evidence, as well as to
observe the demeanor of the witnesses while testifying in the case. 59

Even without considering (1) the certification from the DENR-LMB that Psu-80886 is included
in the list of restricted plans because of the doubtful signature of the surveyor, and (2) the
memorandum, dated August 3, 2000, from the Assistant Regional Director of the DENR
directing all personnel of the Land Survey Division not to issue copies or technical
descriptions of Psu-80886 and Psu-47035, there were numerous defects on the surveys that
affected their validity. The exclusion of these documents did not alter the finding of the Court
that the surveys were spurious and must be set aside.

Further, the Court cannot subscribe to the finding of the CA in its June 19, 2006 decision that
the numerous defects in Psu-47909, Psu-80886 and Psu-80886/SWO-20609 are "not enough