Jose Stillanopulos v City of Legaspi, GR No. 113913, October 12, 1999

"Sending of notice"

Facts:

The City of Legaspi filed a petition for judicial reconstitution of its titles to 20 parcels of land which certificates of title allegedly been lost during the World War II. The OCT was ordered by the court to be reconstituted in favor of the City of Legaspi. On 1970, the City filed a complaint for quieting of title on Lot 1 against the petitioner’s father and other parties. When the petitioner’s father died, his title was cancelled and transferred to the petitioner. The court upheld the title of the petitioner was declared the lawful owner of Lot 1. On appeal, the CA reversed the decision in favor of City of Legaspi. Its appeal before the SC was denied on grounds that the issues raised were questions of facts that the court could not entertain. Petitioner now filed an action for the cancellation of the OCT of the City of Legaspi which was denied by the trial court on ground of res judicata which the CA affirms. The petitioner now files an action for annulment of said OCT based on 3 grounds: (1) extrinsic fraud in the procurement by the City of Legaspi of its title; (2) its OCT that was judicially reconstituted does not exist; and (3) the court reconstituting the title lacks jurisdiction. It also contends that his father who was the registered and possessor of said lot was omitted by the City of Legaspi in its petition for reconstitution of title. He also asserted that his predecessor-in-interest owned lots 1 and 2 and donated lot 2 to the City of Legaspi, the deed of donation of which shows that the respondent acknowledge his predecessor-in-interest as the absolute owner of said donated lot.

CA ruling: The CA ruled that the prescriptive period for extrinsic fraud of 4 years already lapsed and held that the petitioner is guilty of latches for filing the annulment case. Petitioner is further barred by res judicata between the earlier case of quieting of title and his petition for annulment there being identical parties, issues, and cause of action. He is also guilty of latches for not bringing the issue on lack of jurisdiction of the court.