“courts are not
authorized to take judicial notice of the contents of the records of other
cases, even when such cases have been tried or pending in the same court,
except when with the knowledge of the adverse party reference is made to these
cases and the latter did not object thereto.”
Facts
Respondent De Leon filed a
forcible entry case against petitioner Gener, alleging that he is the original
claimant and actual possessor in good faith under a bona fide claim of
ownership to a certain parcel of agricultural land in Bulacan. The said land
was part of the bed of the Angat River which was formerly adjacent to the
boundary of lot that is covered by the Certificate of Title of De Leon. A flood
caused that part of the river to develop and elevated and dried up land where
De Leon extended occupation, planting and cultivating coconuts, bananas and
vegetables. In May 1989, Gener allegedly through force, threat and intimidation
unlawfully entered the property and deprived De Leon possession thereof. De
Leon demand Gener to vacate the premises but was ignored. Efforts to settle the
dispute amicably thru the brgy justice system did not prosper prompting De Leon
to file an ejectment case against Gener.
Gener on the other hand denied
all allegations of the respondent and claimed to be the real owner of the
property as evidenced by the notarized deed of sale which was executed in
October 1988 by Benjamin Joaquin who is the heir of the former possessor of the
land, Proceso Joaquin. The land was declared for taxation purposes in the name
of Gener and declared the land as private. De Leon’s father, in an affidavit,
mentioned that P. Joaquin was the owner the neighboring lot in the east side of
their lot.
Gener further attested that it
was De Leon who forcibly entered the lot in question as evidenced by two
criminal cases on malicious mischief he filed against the workers of De Deleon
who entered the disputed land and destroyed the planted trees thereon. He also
invoked that the right to file an action for ejection already prescribed after
filing the same beyond the 1 year prescription period. Trial ensued where Gener
is the only witness to his defense while De Leon presented oral testimonies of
witnesses who stated that he was the owner of the lot in dispute. Gener
presented a deed of sale, a tax declaration of the land in his name and recalled
the 2 criminal cases he filed on malicious mischief against the worker of De
Leon. The MTC ruled in favor of De Leon but the decision was reversed by the
RTC and dismissed the forcible entry case against Gener. On appeal, the
appellate court reversed the decision of the RTC and reinstated the decision of
the MTC. A motion for reconsideration was then filed before the SC.
