G.R. No. 195443. September 17, 2014.
*
JUANARIO G. CAMPIT, petitioner, vs. ISIDRA B.
GRIPA, PEDRO BARDIAGA, and SEVERINO
BARDIAGA, represented by his son ROLANDO
BARDIAGA, respondents.
Remedial Law; Civil Procedure; Judgments; Res Judicata;
The doctrine of res judicata provides that a final judgment on
the merits rendered by a court of competent jurisdiction, is
conclusive as to the rights of the parties and their privies and
constitutes as an absolute bar to subsequent actions involving
the same claim, demand, or cause of action.—A matter adjudged
with finality by a competent court
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* SECOND DIVISION.
457
VOL. 735, SEPTEMBER 17, 2014 457
Campit vs. Gripa
having jurisdiction over the parties and the subject matter
already constitutes res judicata in another action involving the
same cause of action, parties and subject matter. The doctrine of
res judicata provides that a final judgment on the merits
rendered by a court of competent jurisdiction, is conclusive as to
the rights of the parties and their privies and constitutes as an
absolute bar to subsequent actions involving the same claim,
demand, or cause of action. Thus, the validity of petitioner’s
title, having been settled with finality in Civil Case No.
15357, could no longer be reviewed in the present case.
Same; Same; Same; Execution of Judgments; Under Section
6, Rule 39 of the Rules of Court, a final and executory judgment
may be executed by the prevailing party as a matter of right by
mere motion within five (5) years from the entry of judgment,
failing which the judgment is reduced to a mere right of action
which must be enforced by the institution of a complaint in a
regular court within ten (10) years from finality of the
judgment.—The August 8, 1978 decision in Civil Case No.
15357, however, was not executed or enforced within the time
allowed under the law. Under Section 6, Rule 39 of the Rules of
Court, a final and executory judgment may be executed by the
prevailing party as a matter of right by mere motion within five
(5) years from the entry of judgment, failing which the judgment
is reduced to a mere right of action which must be enforced by
the institution of a complaint in a regular court within ten (10)
years from finality of the judgment. It appears that no motion or
action to revive judgment was ever filed by the respondents —
the prevailing party in Civil Case No. 15357, to execute and
enforce the August 8, 1978 decision. The title to the subject
property, therefore, remained registered under the petitioner’s
name. As the petitioner argued, his title had already become
incontrovertible since the Torrens system of land registration
provides for the indefeasibility of the decree of registration and
the certificate of title issued upon the expiration of one (1) year
from the date of entry of the registration decree.
Civil Law; Land Registration; Torrens System; The
Torrens system of registration cannot be used to protect a
usurper from the true owner, nor can it be used as a shield for
the commission of fraud, or to permit one to enrich oneself at
the expense of others.—We cannot, however, allow the
petitioner to maintain his title and benefit from the fruit of his
and his predecessors’ fraudulent acts at the
458
458 SUPREME COURT REPORTS ANNOTATED
Campit vs. Gripa
expense of the respondents who are the rightful owners of the
subject property. The Torrens system of registration cannot
be used to protect a usurper from the true owner, nor can it
be used as a shield for the commission of fraud, or to permit
one to enrich oneself at the expense of others.
Notwithstanding the indefeasibility of the Torrens title, the
registered owner can still be compelled under the law to
reconvey the property registered to the rightful owner under the
principle that the property registered is deemed to be held in
trust for the real owner by the person in whose name it is
registered. The party seeking to recover title to property
wrongfully registered in another person’s name must file an
action for reconveyance within the allowed period of time. An
action for reconveyance based on an implied or constructive
trust prescribes in ten (10) years from the issuance of the
Torrens title over the property. There is, however, an exception
to this rule where the filing of such action does not prescribe,
i.e., when the plaintiff is in possession of the subject
property, the action, being in effect that of quieting of title
to the property, does not prescribe.
PETITION for review on certiorari of the decision and
resolution of the Court of Appeals.
The facts are stated in the opinion of the Court.
Juanito I. Velasco, Jr. for petitioner.
Nolan R. Evangelista for respondents.
BRION, J.:
We review in this petition for review on certiorari1
the decision2 dated May 13, 2010 and resolution3 dated
January 27, 2011 of the Court of Appeals (CA) in C.A.
G.R. CV No. 92356. The CA dismissed the appeal filed
by petitioner Juanario
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1 Under Rule 45 of the Rules of Court; Rollo, pp. 1122.
2 Penned by CA Associate Justice Amelita G. Tolentino, with
Associate Justices Normandie B. Pizarro and Ruben C. Ayson,
concurring; Rollo, pp. 2435.
3 Rollo, pp. 3741.
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VOL. 735, SEPTEMBER 17, 2014 459
Campit vs. Gripa
Campit to the decision4 of the Regional Trial Court
(RTC), Branch 38, Lingayen, Pangasinan, which ordered
him to surrender a Transfer Certificate of Title (TCT) that
was found to have been fraudulently issued in his name.
Factual Antecedents
Subject of this case is a 2.7360hectare agricultural
land situated in Umangan, Mangatarem, Pangasinan,
presently occupied by respondents Isidra B. Gripa, Pedro
Bardiaga, and Severino Bardiaga, represented by his son
Rolando Bardiaga, but covered by TCT No. 122237
issued in the petitioner’s name.5 The petitioner claimed to
have purchased the property from his father Jose Campit
in 1977.6
On the other hand, respondents Isidra Gripa, Pedro
Bardiaga and Severino Bardiaga (as represented by his
son, Rolando Bardiaga) claimed to be the rightful owners
of the subject property, as earlier adjudged by the court in
Civil Case No. 11858 decided on June 12, 1961, and in
Civil Case No. 15357 decided on August 8, 1978.7
The Court, in these cases, cancelled the titles of the
petitioner and his father Jose because they were obtained
through the misrepresentation of the petitioner’s
grandfather, Isidro Campit.8 The respondents further
contended that they have long desired to divide the
subject property among themselves, but the petitioner
adamantly refused to surrender his title to the property to
them, or to the Register of Deeds, despite their formal
demand.9
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4 Dated August 13, 2008; Rollo, pp. 4246.
5 Id., at p. 25.
6 Id., at p. 26.
7 Id., at p. 25.
8 Id., at pp. 2526.
9 Id., at pp. 26 and 55.
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460 SUPREME COURT REPORTS ANNOTATED
Campit vs. Gripa
Due to the petitioner’s continued refusal to surrender
the subject TCT, the respondents filed anew an action for
annulment and cancellation of title with the RTC on
August 15, 2003, docketed as Civil Case No. 18421.10
The petitioner opposed the respondents’ action and
argued that the August 8, 1978 decision in Civil Case No.
15357, which declared his title null and void, could no
longer be enforced because its execution was already
barred by the Statute of Limitations, as the said decision
was never executed within 10 years from July 19, 1979
— the date of finality of the judgment.11
Noting that the action filed by the respondents was not
one for revival of judgment, the RTC proceeded to hear
the case and, in a decision dated August 13, 2008, ruled
in the respondents’ favor, in this wise:
WHEREFORE, considering that the Transfer of Certificate
of Title No. 122237 issued in the name of defendant Juanario
Campit had earlier been declared null and void in the decision of
the Court of First Instance of Pangasinan (sic) Civil Case No.
15357, judgment is hereby rendered in favor of the plaintiffs, as
follows:
a) Ordering the defendant Juanario Campit to surrender the
said Transfer of Certificate of Title No. 122237 within a period
of fifteen (15) days from finality of this decision to the Register
of (sic) Pangasinan for its cancellation;
b) Ordering the Register of Deeds of Pangasinan to cancel
TCT No. 122237 in the event that Juanario Campit fails to
surrender the same within the period given to him, and to revive
the title issued in the name of Mariano Campit.
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10 Id., at p. 26.
11 Id., at p. 44.
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Campit vs. Gripa
Costs against the defendant.
SO ORDERED.
On appeal, the CA, in a decision dated May 13, 2010,
affirmed the RTC and held that:
Not being the true owner of the subject property, the
subsequent issuance of a certificate of title to the defendant
appellant does not vest him ownership over the subject land.
Registration of real property under the Torrens System does not
create or vest title because it is not a mode of acquiring
ownership.
The petitioner moved to reconsider, but the CA denied
his motion in a resolution dated January 27, 2011, hence,
the filing of the present petition for review on certiorari
with this Court.
The Petition
In his petition before this Court, the petitioner argues
that his title to the subject property must prevail not only
because the August 8, 1978 decision in Civil Case No.
15357, which declared his title null and void, was never
executed, but also because, under the Torrens system of
registration, a certificate of title is an indefeasible and
incontrovertible proof of ownership of the person, in
whose favor it was issued, over the land described
therein. He now contends that he had acquired the
property in good faith and for valuable consideration and,
thus, entitled to own and possess the subject property.
Our Ruling
We find no merit in the petitioner’s arguments.
The issue on the validity of the petitioner’s title to the
subject property has long been settled in Civil Case No.
15357,
462
462 SUPREME COURT REPORTS ANNOTATED
Campit vs. Gripa
where the court, in its decision dated August 8, 1978,
which became final and executory on July 19, 1979, had
found and declared the petitioner’s title null and void by
reason of fraud and misrepresentation.
A matter adjudged with finality by a competent court
having jurisdiction over the parties and the subject matter
already constitutes res judicata in another action
involving the same cause of action, parties and subject
matter. The doctrine of res judicata provides that a final
judgment on the merits rendered by a court of competent
jurisdiction, is conclusive as to the rights of the parties
and their privies and constitutes as an absolute bar to
subsequent actions involving the same claim, demand, or
cause of action.12 Thus, the validity of petitioner’s title,
having been settled with finality in Civil Case No.
15357, could no longer be reviewed in the present
case.
The August 8, 1978 decision in Civil Case No. 15357,
however, was not executed or enforced within the time
allowed under the law. Under Section 6, Rule 39 of the
Rules of Court, a final and executory judgment may be
executed by the prevailing party as a matter of right by
mere motion within five (5) years from the entry of
judgment, failing which the judgment is reduced to a
mere right of action which must be enforced by the
institution of a complaint in a regular court within ten
(10) years from finality of the judgment.13
It appears that no motion or action to revive judgment
was ever filed by the respondents — the prevailing party
in Civil Case No. 15357, to execute and enforce the
August 8, 1978 decision. The title to the subject property,
therefore, remained registered under the petitioner’s
name. As the petitioner ar
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12 Taganas v. Emuslan, 457 Phil. 305; 410 SCRA 237 (2003), citing
Allied Banking Corporation v. Court of Appeals, G.R. No. 108089,
January 10, 1994, 229 SCRA 252.
13 Villeza v. German Management and Services, Inc., G.R. No.
182937, August 8, 2010, 627 SCRA 425, 431.
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Campit vs. Gripa
gued, his title had already become incontrovertible since
the Torrens system of land registration provides for the
indefeasibility of the decree of registration and the
certificate of title issued upon the expiration of one (1)
year from the date of entry of the registration decree.14
We cannot, however, allow the petitioner to maintain
his title and benefit from the fruit of his and his
predecessors’ fraudulent acts at the expense of the
respondents who are the rightful owners of the subject
property. The Torrens system of registration cannot be
used to protect a usurper from the true owner, nor
can it be used as a shield for the commission of fraud,
or to permit one to enrich oneself at the expense of
others.15
Notwithstanding the indefeasibility of the Torrens
title, the registered owner can still be compelled under
the law to reconvey the property registered to the rightful
owner16 under the principle that the property registered is
deemed to be held in trust for the real owner by the
person in whose name it is registered.17 The party
seeking to recover title to property wrongfully registered
in another person’s name must file an action for
reconveyance within the allowed period of time.
An action for reconveyance based on an implied or
constructive trust prescribes in ten (10) years from the
issuance of the Torrens title over the property.18 There is,
however, an exception to this rule where the filing of
such action does not prescribe, i.e., when the plaintiff is
in possession of the
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14 Section 32 of Presidential Decree No. 1529.
15 Gustillo v. Maravilla, 48 Phil. 442 (1925); Sps. Lopez v. Sps.
Lopez, G.R. No. 161925, November 25, 2009, 605 SCRA 358.
16 Amerol v. Bagumbaran, No. L33261, September 30, 1987, 154
SCRA 396, 406407.
17 Id.
18 Walstrom v. Mapa, Jr., No. L38387, January 29, 1990, 181 SCRA
431, 442.
464
464 SUPREME COURT REPORTS ANNOTATED
Campit vs. Gripa
subject property, the action, being in effect that of
quieting of title to the property, does not prescribe.19
In the present case, the respondents, who are the
plaintiffs in Civil Case No. 18421 (the action for
annulment and cancellation of title filed in 2013), have
always been in possession of the subject property. Worth
noting are the CA’s findings on this respect:
x x x Of course, the defendantappellant (petitioner herein)
has a certificate of title in his favor. But it cannot be denied that
he has never been in possession of the subject property. Neither
did he exercise acts of ownership over the said land since the
time he allegedly purchased it from his father in 1977.
Similarly, the defendantappellant was not able to show that his
predecessorininterest, Jose Campit, claimed ownership or was
ever in possession of the said land. The defendantappellant has
admitted that he has paid realty tax covering the subject land
only once when he applied for the issuance of title in his favor.
x x x x
On the other hand, the continuous possession of the
subject premises by the plaintiffsappellees has not been
denied or disputed by the defendantsappellants (sic). The
possession in the concept of an owner by the plaintiffsappellees
has also been confirmed by witness Charlie Martin.20 (Emphasis
ours)
Considering that the action for annulment and
cancellation of title filed by the respondents is
substantially in the nature of an action for reconveyance
based on an implied or constructive trust, combined with
the fact that the respondents have always been in
possession of the subject property, we shall treat Civil
Case No. 18421 as an action to quiet title, the filing of
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19 Heirs of Domingo Valientes v. Ramas, G.R. No. 157852,
December 15, 2010, 638 SCRA 444.
20 Rollo, pp. 3133.
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Campit vs. Gripa
which does not prescribe. Thus, we find the respondents’
filing of Civil Case No. 18421 to be proper and not
barred by the time limitations set forth under the Rules of
Court in enforcing or executing a final and executory
judgment.
WHEREFORE, premises considered, we DENY the
present petition for review on certiorari and consequently
AFFIRM the decision dated May 13, 2010 and
resolution dated January 27, 2011 of the Court of
Appeals in C.A.G.R. CV No. 92356.
Costs against petitioner Juanario G. Campit.
SO ORDERED.
Carpio (Chairperson), Del Castillo, Villarama, Jr.**
and Leonen, JJ., concur.
Petition denied, judgment and resolution affirmed.
Notes.—A certificate of title under the Torrens system
aims to protect dominion; it cannot be used as an
instrument for the deprivation of ownership. (Agtarap vs.
Agtarap, 651 SCRA 455 [2011])
As a general rule, an action to recover registered land
covered by the Torrens System may not be barred by
laches. Neither can laches be set up to resist the
enforcement of an imprescriptible legal right. (Akang vs.
Municipality of Isulan, Sultan Kudarat Province, 699
SCRA 745 [2013])
——o0o——
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* * Designated as acting member, in lieu of Associate Justice Jose C.
Mendoza, per Special Order No. 1767 dated August 27, 2014.
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